Commission on Human Rights (Philippines)
Encyclopedia
The Commission on Human Rights is an independent office created by the Constitution of the Philippines
Constitution of the Philippines
The Constitution of the Philippines is the supreme law of the Philippines.The Constitution currently in effect was enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution"...

, with the primary function of investigating all forms of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 violations involving civil
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 and political rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...

 in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

.

The Commission is composed of a Chairperson and four members. The Constitution requires that a majority of the Commission’s members must be lawyers.

President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...

 Benigno Aquino III
Benigno Aquino III
Benigno Simeon Cojuangco Aquino III , also known as Noynoy Aquino or PNoy, is a Filipino politician who has been the 15th and current President of the Philippines since June 2010....

 called upon former Akbayan Party-list representative Etta Rosales
Etta Rosales
Etta Rosales is a Filipino activist, teacher and politician who has served three terms as the party-list representative of the Akbayan Citizens' Action Party to the Philippines' House of Representatives from the 11th-14th Congress...

 to head the commission. Despite resistance from some sectors, she was appointed as chairperson.

History

The Commission originated from the Presidential Committee on Human Rights established in 1986 by President Corazon Aquino
Corazon Aquino
Maria Corazon Sumulong Cojuangco-Aquino was the 11th President of the Philippines and the first woman to hold that office in Philippine history. She is best remembered for leading the 1986 People Power Revolution, which toppled Ferdinand Marcos and restored democracy in the Philippines...

, which was chaired by former Senator
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...

 Jose Diokno
José Diokno
Jose "Pepe" Wright Diokno 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....

 and former Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...

 Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...

 J.B.L. Reyes. A separate Commission on Human Rights was established upon the promulgation of the 1987 Constitution.

Functions

Under Section 18, Article XIII of the Philippine 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
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

, provide appropriate legal measures for the protection of human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights.

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
Adjudication
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved....

, and emphasized that its functions were primarily investigatory.
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