Human Rights (Section 17-19, Article XIII)
HUMAN RIGHTS (SECTION 17-19, ARTICLE XIII - THE 1987 PHILIPPINES CONSTITUTION)
SECTION 17. (1) There is hereby created an independent office called the Commission on Human Rights.
(2) 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.
(3) Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
(4) The approved annual appropriations of the Commission shall be automatically and regularly released.
SECTION 18. The Commission on Human Rights shall have the following powers and functions:
(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.
SECTION 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.
1. WHAT ARE THE CONSTITUTIONAL POWERS AND FUNCTIONS OF THE COMMISSION ON HUMAN RIGHTS?
¾ Under the Section 18, Article XIII of the 1987 Philippine Constitution, here are the following powers and functions of the Commission on Human Rights:
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.
2. WHAT IS YOUR UNDERSTANDING OF “RIGHT TO LIFE”
a. AS A CONSTITUTIONAL RIGHT?
¾ Under the Section 1, Article III of the 1987 Philippine Constitution, here in: “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” It is important to note that the chorological order of the terms LIFE, LIBERTY and PROPERTY is necessary. It is mandated under this provision that the State must see to it, to protect and secure the life. The other rights will be meaningless without the right to life.
b. AS A HUMAN BEING?
¾ Right to life is the main element to consider specie, a human being. Under the Article 41 of the New Civil Code, in order to be considered a person, “For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.”
3. ON THE ASSUMPTION THAT THE 2018 BUDGET OF THE COMMISSION ON HUMAN RIGHTS IS REDUCED TO PHP 1,000.00 A YEAR, WHAT WOULD BE YOUR LEGAL ARGUMENT?
¾ It is UNCONSTITUTIONAL to reduce to Php 1,000.00 the annual budget of the Commission on Human Rights. It violates the Section 17(4), Article XIII of the 1987 Philippine Constitution, which herein provides, “The approved annual appropriations of the Commission shall be automatically and regularly released.” Under this provision, the budget may be increase but not decrease to the point that it will affect the Commission on Human Rights to perform its powers and functions properly.
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