Ha? DEFEATED NA NAMAN ANG DILAWAN ABOUT CHR?

By Maximus Franco Beltran

So, the CHR as it now exist is a mere creation of an EXECUTIVE ORDER issued by the then president Cory, it was called as PRESIDENTIAL COMMITTEE ON HUMAN RIGHTS (pcohr). The congress was mandated by the 1987 constitution to create a HUMAN RIGHTS COMMISSION but it appears that until now, the congress have not yet passed a law creating a Human Rights Commission. Although the transitory provision of the 1987 Constitution says that the PRESIDENTIAL COMMISSION ON HUMAN RIGHTS shall continue to exist until an enabling law is passed by the congress, the fact remains that the office occupied by Gascon et al is but a mere creation of an EO.....what is the implication? while it can not be abolished because of the transitory provision, the presidential appointees can however be removed by the appointing power because the appointments take strength merely from an Executive Order?....and who is the appointing power? the president of the Philippines...and who is the current president of the Philippines? ...PRRD.......what needs to be done?...The secretary of Justice, the Solicitor General, and Atty Panelo must come out with a position paper, submit it to the president and then PRRD issues an EO, directives or whatever, declaring the positions at the PCORH vacant and if he so wishes include there his new appointees.....

Please refer also to EO 163, on which my stand is that it was not created pursuant to the residual powers of the then president Cory but under Article XIII of the constitution as reflected in section 1 of the subject EO. Thus, the CHR as created by EO 163 is void because it is congress that was tasked to create a chr under Article xiii of the constitution. I maintain that CHR exist today the same as how it was created in EO 8.

LET ME JUST POINT THIS OUT.........(1)The congress of the Philippines has also been negligent in its duty to comply with the mandate of the Constitution. The weight of the blame however must tilt more towards those who were elected in the first and second congress. The present congress now have the chance to correct the negligence committed before.....hahaha meron din palang saysay minsan pagpumalpak......(2) the senate which is deliberating now on the budget of CHR must put this matter into consideration because it would now appear that the budget for this PCORH must to be included in the budget of the Office of the president.

and sir Bam., yong panukalang batas niyo ay talagang mag misfire yon kasi wala pa hong COMMISSION ON HUMAN RIGHTS....;)

Thanks to the Article of Yen Makabenta of Manila Times....

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"BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 8

CREATING THE PRESIDENTIAL COMMITTEE ON HUMAN RIGHTS

WHEREAS, the new government is committed to uphold and respect the people’s civil liberties and human rights;

WHEREAS, the United Nations General Assembly Resolution of December 14, 1984 encourages all member states to take steps for the establishment or, where they already exist, the strengthening of national institutions for the protection and promotion of human rights.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order: that

SECTION 1. The Presidential Committee on Human Rights. – There is hereby created a Presidential Committee on Human Rights to be attached to Office of the President for general direction and supervision.

SECTION 2. Composition. – The Committee shall be composed of the following:

a. Mr. Jose W. Diokno – Chairman

b. Mr. Justice Jose B. L. Reyes – Vice-Chairman

c. Mrs. Zenaida Quezon Avanceña – Member

d. Sr. Marianni Dimaraanan – Member

e. Miss Haydee Yorac – Member

f. Mr. William Claver – Member

g. The Judge Advocate General, AFP – Member

SECTION 3. Nature of Committee. – The primary task of the Committee is to assist the President in the discharge of her duty to respect and foster human rights. It is purely advisory and consultative so that the Committee and all persons or personnel appointed, designated or contracted by it shall not be subject to civil service law, rules and regulations. Moreover, membership in the Committee shall not be construed as in conflict with any other public or private position or profession that the members may hold or practice. Members may designate alternates if they cannot attend a particular meeting or meetings of the Committee.

SECTION 4. Functions of the Committee. – The Committee shall have the following functions:

a. Investigate complaints it may receive, cases known to it or to its members, and such cases as the President may, from time to time, assign to it, of unexplained or forced disappearances, extra-judicial killings (salvaging), massacres, torture, hamletting, food blockades and other violations of human rights, past or present, committed by officers or agents of the national government or persons acting in their place or stead or under their orders, express or implied.

b. Report its findings to the President and make them public, suggesting such action or actions by the new government to compensate the victims and punish culprits as it may deem appropriate.

c. Propose procedures and safeguards to ensure that, under the new government, human rights are not violated by officers or agents of the government or by persons acting in their name and stead or under their orders, express or implied.

d. Performs such other functions as may be necessary for the protection of human rights and the advancement of social justice in the country.

SECTION 5. Powers of the Committee. – The Committee shall exercise the following powers:

a. To administer oaths or affirmations by itself, by a member, or by duly authorized representatives;

b. To take such testimony and other evidence as it may deem relevant to any investigation conducted by it or under its authority;

c. To issue subpoenas and subpoenas duces tecum directing any person to attend and testify at any hearing conducted by, or under authority of the Committee, or at any meeting thereof, or for the taking of his deposition, and to bring with him or produce any books, papers, records, documents or other things under this supervision or control, including documents, books or other things that have been classified by government, past or present;

d. To 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;

e. To hold any person in direct or indirect contempt, and to impose the appropriate penalties, following the same procedures and penalties provided for in the Rules of Court;

f. To call upon any ministry, bureau, office, or agency of the new government for assistance or reform, which shall forthwith be furnished or accomplished by such government unit;

g. To adopt the forms, hire the staff, fix their salaries, appropriate the budget, promulgate such rules and regulations and, in general, to do all acts and things as may be necessary or convenient to carry out this order.

SECTION 6. Immunity. – Presidential immunity shall extend to the members and staff of the Committee when acting within their duties, functions, powers and authority.

SECTION 7. Funding. – Subject to availability of funds, the sum of FIFTY MILLION PESOS (P50,000,000.00), or so much thereof as may be necessary, shall be set aside from the funds of the National Treasury and made available for expenditure by the Committee for honoraria, travelling and other expenses of its members, and salaries and other expenses of its staff, in accordance with the budget to be appropriated by it and approved by the President of the Philippines.

SECTION 8. Effectivity. – This Order shall take effect immediately.

DONE in the City of Manila, this 18th day of March, in the year of Our Lord, nineteen hundred and eighty-six.

(Sgd.) CORAZON C. AQUINO

President of the Philippines

By the President:

(Sgd.) JOKER P. ARROYO

Executive Secretary