Who oversees the fulfillment and protection

of human rights in the Philippines?

• In the Philippines, the Commission on Human Rights (CHR)

primarily handles the investigations of human rights violations.
However, it has no power to resolve issues as stated in
the Supreme Court decision in 1991.

• Established in 1986 during the administration of President

Corazon Aquino, CHR is an independent body which ensures
the protection of human rights guaranteed by the Bill of
Rights.

• Aside from investigations, it also provides assistance and legal

measures for the protection of human rights guided by Section
18 Article XIII of the Philippine Constitution.
Simon vs CHR
GR No 100150 January 5, 1994
The Extent of the Authority and
Power of the Commission on
Human Rights
PETITIONER
• Brigido R. Simon, Jr. – mayor of QC

PRIVATE PETITIONERS
• Carlos Quimpo – Executive Officer of the
Quezon City Integrated
Hawkers Management
Council under the office
of the City Mayor
• Carlito Abelardo
• Generoso Ocampo
RESPONDENT
• Commission on Human Rights

PRIVATE RESPONDENT
• Roque Fermo and Others as John Does
– Officers and members of the North EDSA Vendors
Association, Incorporated (NEVAI)
FACTS
• a "Demolition Notice," signed by Carlos Quimpo was
sent to, and received by, the private respondents
– giving a grace-period of three (3) days to vacate the
questioned premises of North EDSA.

• To give way to the "People's Park".

• President Fermo, filed a letter-complaint with the

CHR against the petitioners
– to stop the demolition of stalls, sari-sari stores,
and carinderia along North EDSA.

• The complaint was docketed as CHR Case No. 90-1580.

• CHR issued an Order
– directing the petitioners "to desist from the demolition
– to appear before the CHR.

• On 28 July 1990 the petitioners carried out the

demolition

• The CHR ordered

− the disbursement of financial assistance of not more than
P200,000 in favor of NEVAI
− to "desist from further demolition, with the warning that
violation of said order would lead to a citation for contempt
and arrest."
Petitioners averred that:
1. This case came about due to the alleged violation by
the (petitioners) of the Inter-Agency Memorandum of
Agreement whereby Metro-Manila Mayors agreed on a
moratorium in the demolition of the dwellings of poor
dwellers in Metro-Manila;

2. That the complainants (were) occupying government

land, particularly the sidewalk of EDSA corner North
Avenue, Quezon City; . . . and
3. That the City Mayor of Quezon City (had) the sole
and exclusive discretion and authority

4. The Commission's authority should be understood

as being confined only to the investigation of
violations of civil and political rights, and that
"the rights allegedly violated in this
case (were) not civil and political
rights, (but) their privilege to engage in
business.
CHR contends:
1. Commission on Human Rights under its constitutional
mandate had jurisdiction over the complaint filed by the
squatters-vendors who complained of the gross violations
of their human and constitutional rights.

2. That "it was not the intention of the (Constitutional)

Commission to create only a paper tiger limited only to
investigating civil and political rights, but it (should) be
(considered) a quasi-judicial body with the power to
provide appropriate legal measures for the protection of
human rights of all persons within the Philippines . . .
3. The right to earn a living is a right
essential to one's right to
development, to life and to dignity.
All these brazenly and violently ignored and
trampled upon by respondents with little regard at
the same time for the basic rights of women and
children, and their health, safety and welfare. Their
actions have psychologically scarred and
traumatized the children, who were witness and
exposed to such a violent demonstration of Man's
inhumanity to man.
Hence this petition
• Praying for a restraining order and
preliminary injunction
• To prohibit CHR from further hearing and
investigating CHR No. 90- 1580
ISSUES
1. W/N CHR has jurisdiction
— to investigate the alleged violations of the
"business rights“ ;
— to impose a fine of P500 on each petitioners;
and
— to disburse the amount of P200,000 as
financial aid to vendors affected by the
demolition
2. W/N CHR has authority to
issue an order to desist.
RULING
HELD
• Petition GRANTED.
• The CHR is hereby prohibited from
further proceeding with CHR Case
No. 90- 1580 and from implementing
the P500.00 fine for Contempt.
• The Commission on Human Rights was
created by the 1987 Constitution.

• It was formally constituted by then President

Corazon Aquino via Executive Order No. 163

• issued on 5 May 1987, in the exercise of her

legislative power at the time.
The Powers And Functions of the Commission are Defined by
the 1987 Constitution, thus: To — (Art XIII, Sec. 18)

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 underprivileged 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 the 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;
and
11) Perform such other duties and functions as may be
provided by law.
 CHR is NOT a quasi- judicial
Cariño
body
vs — not meant by the fundamental law to be another
CHR court or quasi-judicial agency
— it may investigate, i.e., receive evidence and make
findings of fact as regards claimed human rights
violations involving civil and political rights.
— but fact finding is not adjudication, and cannot be
likened to the judicial function of a court of
justice, or even a quasi-judicial agency or official.
 Section 18, Article XIII
of the 1987 Constitution
Empowers the CHR to
− “INVESTIGATE on its own or on
complaint by any party, all forms of
human rights violations involving civil
and political rights”
• Civil rights – those rights that belong to
every citizen or inhabitant of the state or
country [by virtue of his citizenship in the
country] and are not connected with the
organization or administration of government
(marriage, equal protection, freedom of
contract etc.);

• Political rights – right to participate, directly

or indirectly in the establishment or
administration of government (suffrage, run
for public office);
APPLIED TO THE CASE
• What are sought to be demolished are the stalls, sari-
sari stores and carinderia, as well as temporary shanties,
erected by private respondents on a land
• Which is planned to be developed into a "People's Park".
• The land adjoins the North EDSA of Quezon City which,
this Court can take judicial notice of, is a busy national
highway.
• The consequent danger to life and limb is not thus to be
likewise simply ignored.
APPLIED TO THE CASE

THE ORDER TO DESIST DEMOLITION of the

stalls, sari- sari stores and carinderia of
private respondent DO NOT FALL W/IN THE
COMPARTMENT OF “HUMAN RIGHTS
VIOLATIONS INVOLVING CIVIL AND POLITICAL
RIGHTS” intended by the constitution.
• CHR – focus on SEVERE cases of
human rights violations (right of
political detainees, treatment of
prisoners, fair and public trials etc.)

• CHR can cite or hold any person in

direct or indirect contempt but not
order them to desist
― WHEREFORE, the writ prayed for in this
petition is GRANTED
― The Commission on Human Rights is
hereby prohibited from further
proceeding with CHR Case No. 90-1580
― and from implementing the P500.00 fine for
contempt
― The temporary restraining order heretofore
issued by this Court is made permanent.
― No costs.
SORIAO VS PINEDA
CA- GR SP No 31546
AUGUST 10, 1994
• PETITIONER: Louie Soriao
– high school student

• RESPONDENT: Pineda
– Head Teacher of the Juan C.
Angara Memorial High
School
FACTS
• Louie Soriao
– high school student
– province of Dinalungan,
Aurora
– S.Y. 1993- 1994
– reputation of talking back to
school authority
—He was refused
readmission to complete
his fourth and final year of
high school
—Through a verbal notice
not to readmit
—Soriao questioned the
notice, averring that:
1. He was deprived of
hearing on the matter; and
2. The verbal notice was a
denial of his right to due
process.
The administration ignored the
student’s plea to reconsider its
decision to deny him readmission claiming
that:

“it was their prerogative.”

― Seeking further remedies
to no avail:
Soriao filed a petition for
certiorari to the CA
ISSUE
W/N the petitioner was
denied his right to
education
RULING
→ YES.
→The CA ordered Pineda to allow Soriao to
enroll and study after he was meted out a
disciplinary action without due process
→CA invoked the:
1. 1987 Constitution; and
2. Universal Declaration of Human Rights
THE 1987
CONSTITUTION
 ARTICLE XIV
---EDUCATION---

• Section 1. The State shall protect and promote

the right of all citizens to quality education at
all levels, and shall take appropriate steps to
make such education accessible to all.
Section 2. The State shall:
1. Establish, maintain, and support a complete, adequate, and
integrated system of education relevant to the needs of the people
and society;
2. Establish and maintain a system of free public education in the
elementary and high school levels. Without limiting the natural
right of parents to rear their children, elementary education is
compulsory for all children of school age;
3. Establish and maintain a system of
scholarship grants, student loan programs,
subsidies, and other incentives which shall be
available to deserving students in both public
and private schools, especially to the
underprivileged;
4. Encourage non-formal, informal, and indigenous
learning systems, as well as self-learning, independent,
and out-of-school study programs particularly those
that respond to community needs; and

5. Provide adult citizens, the disabled, and out-of-school

youth with training in civics, vocational efficiency, and
other skills.
 ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
— Section 13. The State recognizes the vital role of the
youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.
─Section 17. The State shall give priority
to education, science and technology, arts,
culture, and sports to foster patriotism and
nationalism, accelerate social progress,
and promote total human liberation and
development.
-THANK YOU-