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Thursday, August 24, 2017

Re-constitute the CHR


If I was the president, I'd re-constitute the CHR. Ibig sabihin, dissolve this one and build a new one. hahahaha.
I think pwede yan kasi EO lang ang nag-constitute sa CHR na ito, at ang isang EO ay pwedeng palitan ng bagong EO. 
May mga provisions ang EO 163 ni Tita Cory na dinagdag nya sa Article XIII ng 1987 Constitution. I think pwede ito palitan ng pangulo sa bagong EO na ilalabas nya, kung gusto nya.
Halimbawa:
SECTION 2 ng EO 163: 
"(a) The Commission on Human Rights shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty five years of age and must not have been candidates for any elective position in the elections immediately preceding their appointment. However, a majority thereof shall be members of the Philippine Bar."
Ang sabi naman ng 1987 Constitution ay:
"The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law."
So, yung " at the time of their appointment, at least thirty five years of age and must not have been candidates for any elective position in the elections immediately preceding their appointment" ay dinagdag ni Tita Cory na wala sa Consti na pwede palitan ni PRRD.
Wala din sa 1987 Constitution itong nilagay ni Tita Cory sa EO 163:
"The Chairman and the Members of the Commission on Human Rights shall be appointed by the President for a term of seven years without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor."
Pwede rin siguro ito palitan sa bagong EO.
In short, pwede ma re-constitute ang CHR!
What say you, constitutional experts?

OFFICIALGAZETTE.GOV.PH

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