ICM Manual Rev 001 19dec2016 1

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INVESTIGATION AND CASE Code: CHR-LO-ML-001

Revision No. 001
MANAGEMENT MANUAL Effectivity: 19 December 2016
INTRODUCTION
Human rights exist because human beings exist – whether as individual natural
persons or collectively as a community of people. It is the very essence why human beings
are endowed with the basic right to life, dignity and self-development from the moment of birth.
World history speaks vividly of the most serious human rights violations – the
desecration of life, liberty and security, particularly during the times of the Nazi. The Philippines
had the gruesome experience of the dark era of Martial Law where human rights and
fundamental freedoms have been trampled in the hands of a dictator – where human lives and
dignity of many, particularly those opposed to the regime, were debased in the most inhumane
way. Thus, human rights advocates and defenders were born, fearlessly and unwaveringly
threading a very difficult journey fighting and working for the most noble cause, that is, to
protect and promote the rights of everyone, without distinction, against the excesses of State
powers or abuses of agents of persons in authorities, and even abuses by private groups or
third parties who, by their acts or omission, have disregarded and violated or continue to pose
imminent threats to human lives, liberty, security, dignity, and self-development of others.
In the Philippines, human rights work continues to pose a gargantuan challenge not
only to government, but more so to the Commission on Human Rights (CHR) as a national
human rights institution mandated to, among others, investigate all forms of human rights
violations involving civil and political rights and monitor government’s compliance to
international human rights treaty obligations. This challenge can be seen from the number of
human rights incidents taken cognizance of by the CHR vis-à-vis the number of unresolved
cases, particularly those involving serious forms of violations such as extrajudicial killings,
enforced disappearances, torture, and arbitrary deprivation of liberty.
Human rights protection is inherent in the functions and nature of a national human
rights institution. It therefore calls for this institution to pursue and ensure the investigation of
violations or threats thereof, as well as providing the necessary assistance and access to all
available remedies within this jurisdiction to establish the truth and make certain in reaching
at a definite solution to the issues at hand and protect the surviving victims, the families, and
their witnesses not only at the investigation stage, but even after the final disposition of the
human rights issues. In the CHR, these tasks are generally lodged with the Special
Investigators and Lawyers.
Aside from a strong sense of commitment to human rights cause, trainings, knowledge
and skills, a human rights investigator should have a ready reference at hand to guide him/her
in the daily human rights undertakings. It is in this light that this CHR Manual on Investigation
and Case Management Process has been primarily conceptualized and produced.
This manual is not seen as the solution to the numerous unresolved cases in the CHR
dockets. However, it will definitely lead to a better investigation work and, one way or the other,
lighten the difficulties commonly encountered by CHR investigators in the field.
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THE COMMISSION ON HUMAN RIGHTS
A. The CHR as an Independent Office and as the National Human Rights

Institution of the Philippines
The Commission on Human Rights is an independent constitutional body and is the

national human rights institution in the country, created by virtue of the 1987 Constitution of
the Philippines1, organized and made operational pursuant to Executive Order 163, series of
1987, and is in accord with the Principles Relating to the Status of National Institutions (“The
Paris Principles”) and other United Nations’ Resolutions and Instruments pertaining to the
effective functioning of national human rights institutions.
B. The Role of the CHR as a National Human Rights Institution
As an independent national human rights institution (NHRI) in the country, the

Commission on Human Rights (CHR) exists as the premier instrumentality of the State to
ensure, at all times, the protection and promotion of the human rights of the people in the
country, as well as Filipinos residing abroad. As such, it undertakes a two-pronged mission:
(1) to investigate human rights violations involving civil and political rights, as well as to pursue
investigation and monitoring of incidents and situations pertaining to economic, social and
cultural rights; and (2) to facilitate the establishment of programs and mechanisms for the
advancement of human rights and resolution of cases of human rights violations, thereby
proactively addressing human rights problems at their roots.
In this light, the CHR shall adapt to the conditions and needs of the country as a
developing nation with a great magnitude of human rights issues and concerns covering civil
and political rights, as well as social, economic and cultural rights, with clear recognition of its
role in the protection and promotion of human rights and truly responding to the needs and
expectations of the people, particularly the victims of human rights violations and those
belonging to the marginalized, vulnerable and disadvantaged sectors.
Consistent with international standards and goals of a national human rights institution
(NHRI) set forth by the United Nations vis-à-vis its constitutional mandate, the CHR shall be
the:
(1) Protector of victims of human rights violations, through its own resources or in
cooperation with other government and non-government organizations;
(2) Advocate of human rights principles serving both as watchdog of government

policies and legislation related to or affecting human rights; and adviser on human rights
issues, to include providing recommendations therefor to the State authorities;
1
Art. XIII, Section 17.
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(3) Educator both in molding public opinion on human rights and in promoting
awareness of and respect for human rights; and
(4) Monitor of the overall situation of human rights, including steps taken by the
government in compliance with international human rights obligations.
B.1. Effective Performance of the Role of an Independent NHRI
To effectively perform its role as an independent national human rights institution, the
CHR must achieve at a greater height its:
(1) Independence as a constitutional body that should be free from political

interventions particularly in its identification of remedies and sanctions, other than those
provided for by judicial resource;
(2) Multidisciplinary approach of responding to grave human rights violations and

concerns, employing different philosophies, policies, programs and procedures;
(3) Networking functions with various government agencies, bureaus, and

instrumentalities as mandated by the Constitution;
(4) Inter-agency collaboration with other governmental and non-governmental

agencies through joint projects, joint review of policies affecting human rights, establishment
of a system of alerting agencies on evidence of human rights violations without, however,
compromising its independent operations; and
(5) Accountability in terms of reporting to the general public, the government, non-
government organizations and other relevant human rights bodies on existing human rights
situation in the country.
C. The Commission En Banc
The Commission on Human Rights is headed by the Chairperson and four (4)
Commissioners, sitting as a collegial body (Commission En Banc), with a term of office of
seven (7) years. They must be natural-born citizen of the Philippines, at least 35 years of age
at the time of appointment, and majority of whom shall be members of the Bar.2
D. The Powers and Functions of the CHR under the 1987 Constitution3
The Constitution has granted the Commission on Human Rights with 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
Ibid., Art. XIII, Section 17; Executive Order No. 163, s. 1987
3
Ibid., Art. XIII, Section 18.
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(2) Adopt its operational guidelines and rules of procedure and cite for contempt for
violation therefore 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 the law; and
(11) Perform such other duties and functions as may be provided by law.
E. The Powers and Functions of the CHR under Special Laws
The CHR is also vested with additional specific mandates under Special Laws which
are, generally, human rights-related. The special laws enumerated herein are not exclusive,
as Congress may enact subsequent laws vesting additional duties and functions to the CHR.
E.1. Republic Act No. 7610, as Amended by R.A. 7658
Republic Act 7610, otherwise known as the "Special Protection of Children Against
Child Abuse, Exploitation and Discrimination Act" is in accord with the United Nations
Convention on the Rights of the Child (CRC). It lays down the policy of the State in the
protection of children, such as: to provide special protection to children from all forms of abuse,
neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their
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development;4 xxx to protect and rehabilitate children gravely threatened or endangered by

circumstances which affect or will affect their survival and normal development xxx. 5
Moreover, the best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare institutions, courts of
law, administrative authorities, and legislative bodies, consistent with the principle of First Call
for Children as enunciated in the United Nations Convention on the Rights of the Child.6
To ensure protection of children in situations of armed conflict, the law explicitly

declares children as zones of peace and that it shall be the responsibility of the State and all
other sectors concerned to resolve conflicts in order to promote such declared goal. Thus, to
attain this objective the following policies shall be observed:
(a) Children shall not be the object of attack and shall be entitled to special respect.
They shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces of the
Philippines or its civilian units or other armed groups, nor be allowed to take part in the fighting,
or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved
in fact-finding missions from both government and non-government institutions shall be
ensured. They shall not be subjected to undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and supply
depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.7
The law likewise mandates the State to ensure the protection of any child arrested for
reasons related to armed conflict, either as combatant, courier, guide or spy, and that such
child is entitled to the following rights:
(a) Separate detention from adults except where families are accommodated as
family units;
(b) Immediate free legal assistance;
4
R.A. 7610, Section 2, first paragraph.
5
Ibid., Sec. 2, second paragraph.
6
Ibid., Sec. 2, third paragraph.
7
Ibid., Sec. 22.
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(c) Immediate notice of such arrest to the parents or guardians of the child; and
(d) Release of the child on recognizance within twenty-four (24) hours to the custody
of the Department of Social Welfare and Development or any responsible member of the
community as determined by the court.8
Note, however, that under section 21 of Republic Act 9344 or the Juvenile Justice and
Welfare Act, the law enforcement officer taking custody of the child, shall “immediately but not
later than eight (8) hours after apprehension, turn over custody of the child to the Social
Welfare and Development Office or other accredited NGOs, and notify the child's
apprehension.”9
Child rights are human rights. Hence, consistent with its Constitutional mandate, the
CHR shall monitor situations of children even in situations of armed conflict and to investigate
human rights violations committed against children, including violations of the provisions of
R.A. 7610 above-cited.
E.2. Republic Act No. 9262
RA 9262, known as the “Anti-Violence Against Women and their Children Act of 2004”
was passed into law “to protect the family and its members, particularly women and children
from violence and threats to their personal safety and security.”10 It stresses the urgent need
to exert all efforts to address violence against women and their children. Its guiding principle
is the protection of the family unit, and it does so by penalizing acts of violence against women
and children that make up the family unit, or who potentially make up a family unit (as in the
case of sexual and dating relationships).11
Under the law, the CHR is mandated to be a part of the Inter-Agency Council on
Violence Against Women and their Children (IAC-VAWC). The other members of the Council
are representatives from the Department of Social Welfare and Development (DSWD),
National Commission on the Role of Filipino Women12 (NCRFW), Civil Service Commission
(CSC), Department of Justice (DOJ), Department of Interior and Local Government (DILG),
Philippine National Police (PNP); Department of Health (DOH), Department of Education
(DepEd); Department of Labor and Employment (DOLE); and National Bureau of Investigation
(NBI). These agencies are tasked to formulate programs and projects to eliminate violence
against women based on their mandates as well as develop capability programs for their
employees to become more sensitive to the needs of their clients. The council also serves as
the monitoring body as regards to VAW initiatives.13
8
Ibid., Sec. 25.
9
Sec. 21 (i) RA 9344.
10
Section 2 RA 9262
11
Concepcion Lim-Jardaleza and Elizabeth Aguiling-Pangalanan. The Anti-VAWC: Converging Criminal and Civil
Remedies with Community Response to Domestic Violence. p. 12
12
Now Philippine Commission on Women (PCW).
13
R.A. 9262, Section 39.
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R.A. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006”, is
compliant with the Philippines’ obligation under the United Nations Convention on the Rights
of the Child as it translates pertinent provisions thereof into domestic mechanism which
recognizes that the right of every child alleged as, accused of, adjudged, or recognized as
having infringed the penal law to be treated in a manner consistent with the promotion of the
child’s sense of dignity and worth, taking into account the child’s age and desirability of
promoting his/her integration. It adopts policies in dealing with children which are appropriate
to their well-being, providing a variety of disposition measures, such that whenever appropriate
and desirable, the State shall adopt measures without resorting to judicial proceedings.14
Foremost, the law expressly provides for the creation of a Juvenile Justice and Welfare
Council (JJWC), attached to and placed under the administrative supervision of the
Department of Justice (DOJ). The Council shall be chaired by an Undersecretary of the
Department of Social Welfare and Development (DSWD), which shall ensure the effective
implementation of the act in coordination with the CHR, other government agencies
concerned, and two (2) representatives from non-government organizations (NGOs).15
The law likewise mandates the CHR, thru its Child Rights Center (CHR-CRC), to
ensure that the status, rights, and interests of children are upheld in accordance with the
Constitution and international instruments on human rights. The CHR is likewise enjoined to
strengthen the monitoring of government compliance of all treaty obligations, including the
timely and regular submission of reports before the treaty bodies, as well as the dissemination
of recommendations and conclusions by government agencies, NGOs and civil society.16
Otherwise known as the “Human Security Act of 2007”, this law has the over-all
objective to ensure the security of the State and the protection of the people from terrorism. It
lays down the State policy to, among others, protect life, liberty and property from acts of
terrorism. In the implementation of the policy, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.17 It enumerates the acts
constituting terrorism18 and conspiracy to commit terrorism19 as criminal offenses and
prescribes the corresponding penalties.
The law granted the CHR specific powers, thus: in the event of an actual or imminent
terrorist attack, suspects may not be detained for more than three days without the written
approval of a municipal, provincial or regional official of a Human Rights Commission xxx
14
UN-CRC, Art. 40.
15
R.A. 9344, Sec. 8.
16
Ibid., Sec. 11.
17
R.A. 9373, Sec. 2
18
Ibid., Sec. 3.
19
Ibid., Sec. 4.
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nearest the place of arrest…20 Likewise, the CHR is clothed with the authority to give the
highest priority to the investigation and prosecution of violations of civil and political rights of
persons in relation to the implementation of the said law. As such, the CHR has concurrent
jurisdiction to prosecute public officials, law enforcers, and other persons who may have
violated the civil and political rights of persons suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.21 However, the CHR views this additional
authority to certify as to the extension of detention of, as well as to prosecute, persons who
are suspected terrorists, to be in conflict with its role as an independent national human rights
institution and beyond its investigative power under the 1987 Constitution.
Otherwise known as “An Act Penalizing Torture and Other Cruel, Inhuman and
Degrading Treatment or Punishment”, this law was enacted by Congress in 2009. It is
consistent with the Constitutional mandate on the absolute prohibition of the application of
torture and other cruel, inhuman or degrading treatment or punishment.22 It has incorporated
the international human rights standards on the protection of all persons from torture and other
cruel, inhuman or degrading treatment or punishment, as well as adopted the definition of
torture under the Convention Against Torture.23
Freedom from torture and other cruel, inhuman and degrading treatment or
punishment is an absolute right; and violation thereof constitutes a serious form of human
rights violation. In Philippine jurisdiction, pursuant to the Philippines Anti-Torture Law, these
acts are criminal acts which shall apply to all circumstances.24
The law mandates, among others, that the CHR and the Public Attorneys’ Office to
render legal assistance in the investigation and monitoring and/or filing of complaint for a
person who suffers torture and other cruel, inhuman and degrading treatment or punishment,
or for any interested party thereto.25
In line with the State obligation as explicitly provided for under the law, the Philippine
Government shall ensure that “no persons shall be expelled, returned or extradited to another
State where there are substantial grounds to believe that such person shall be in danger of
being subjected to torture. For the purpose of determining whether such grounds exist, the
Secretary of the Department of Foreign Affairs (DFA) and the Secretary of the Department of
Justice (DOJ), in coordination with the Chairperson of the CHR, shall take into account all
relevant considerations including, where applicable and not limited to, the existence in the
requesting state of a consistent pattern of gross, flagrant or mass violations of human rights.26
20
Ibid., Sec. 19.
21
Ibid., Sec. 55.
22
1987 Constitution of the Philippines, Article III, Sec. 12(2), Sec. 19(1) & (2).
23
Declaration of Human Rights, Art. 5; International Covenant on Civil and Political Rights, Art. 7; Convention on
the Rights of the Child, Art. 37; and the UN Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; R.A. No. 9745, Sec. 3(a).
24
R.A. 9475, Sec. 6.
25
Ibid., Sec. 11.
26
Ibid., Sec. 17, in relation to the applicability of non-refoulement.
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For purposes of monitoring compliance with this law, an Oversight Committee is

established to be headed by a CHR Commissioner, with the following as members: the
Chairperson of the Senate Committee on Justice and Human Rights, the respective
Chairpersons of the House of Representatives’ Committees on Justice and Human Rights,
and the Minority Leaders of both Houses or their respective representatives in the minority.27
The DOJ and the CHR, with the active participation of human rights nongovernmental
organizations, have the responsibility to promulgate the rules and regulations for the effective
implementation of the law, and ensure the full dissemination of such rules and regulations to
all officers and members of various law enforcement agencies.28
Otherwise known as "The Philippine Act on Crimes Against International Humanitarian

Law, Genocide, and Other Crimes Against Humanity" or the International Humanitarian Law
of 2009, translated and adopted into domestic legislation principles and standards set forth in
International Humanitarian Law, including the Hague Conventions of 1907, the Geneva
Conventions on the Protection of Victims of War and International Humanitarian Law; 29 and
defines and criminalizes war crimes,30 genocide,31 and other crimes against humanity.32
The law explicitly mandates the protection of victims and witnesses33 and provides,
among others, that xxx the Regional Trial Court of the Philippines shall have original and
exclusive jurisdiction over the crimes punishable under this Act xxx. The Supreme Court shall
designate special courts to try cases involving crimes punishable under this Act. For these
cases, the Commission on Human Rights, the Department of Justice, the Philippine National
Police or other concerned law enforcement agencies shall designate prosecutors or
investigators as the case may be. The State shall ensure that judges, prosecutors and
investigators, especially those designated for purposes of this Act, receive effective training in
human rights, International Humanitarian Law and International Criminal Law. 34
Otherwise known as “The Magna Carta of Women of 2009”, this law recognizes that
economic and socio-cultural realities affect women’s current condition, it thus affirms the role
of women in nation building and ensures the substantive equality of women and men. It further
declares that the equality of men and women entails the abolition of the unequal structures in
27
Ibid., Sec. 20.
28
Ibid., Sec. 24.
29
R.A. 9851, Sec. 2(d).
30
Ibid., Sec. 4.
31
Ibid., Sec. 5.
32
Ibid., Sec. 6.
33
Ibid., Sec. 13.
34
Ibid., Sec 18.
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society and the practices that perpetuate discrimination and inequality.35 To realize this end,
the State shall endeavor to develop plans, policies, programs, measures and mechanisms to
address discrimination and inequality in the economic, political, social and cultural life of
women.36 Under the law, and as further provided in its Implementing Rules and Regulations,37
the CHR has the role of Gender and Development Ombud38 and is mandated to perform the
following functions and duties:
(a) Monitor with the Philippine Commission on Women (PCW)39 and other state
agencies, among others, in developing indicators and guidelines to comply with their duties
related to the human rights of women, including their right to nondiscrimination guaranteed
under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to be
primarily responsible for formulating and implementing programs and activities related to the
promotion and protection of the human rights of women, including the investigations and
complaints of discrimination and violations of their rights brought under this Act and related
laws and regulations;
(c) Establish guidelines and mechanisms, among others, that will facilitate access of
women to legal remedies under this Act and related laws, and enhance the protection and
promotion of the rights of women, especially marginalized women;
(d) Assist in the filing of cases against individuals, agencies, institutions, or

establishments that violate the provisions of this Act; and
(e) Recommend to the President of the Philippines or the Civil Service Commission
any possible administrative action based on noncompliance or failure to implement the
provisions of this Act.
Under Section 40 of the Implementing Rules and Regulations, the role of the CHR in
the advocacy for the promotion and protection of women’s human rights, particularly the
provision of legal assistance shall include (a) assistance in the preparation of necessary
pleadings, referral letters, and counseling;40 (b) forging a Memoranda of Agreement with Bar
Associations, NGOs, law firms, and organizations providing legal aid to ensure adequate and
competent legal representation for complainants;41 (c) accrediting lawyers who will accept pro
bono cases under the Act;42 and (d) creating an efficient system of referrals to appropriate
government departments or agencies.43 It is further emphasized that victims of violations of
35
R.A. 9710, Sec. 2.
36
Ibid.
37
Board resolution 01 of the Philippine Commission on Women adopted the Implementing Rules and
Regulations of the Magna Carta of Women on 30 March 2010.
38
R.A. 9710, Sec. 39.
39
Philippine Commission on Women, formerly National Commission on the Role of Filipino Women.
40
R.A. 9710, IRR Section 40 (3-a)
41
R.A. 9710, IRR Section 40 (3-b)
42
R.A. 9710, IRR Section 40 (3-c)
43
R.A. 9710, IRR Section 40 (3-d)
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the Magna Carta of Women shall be considered victims of human rights violations, and shall
be entitled to other forms of assistance available in the CHR.
The PCW, in coordination with other state agencies and the CHR, shall submit to
Congress regular reports on the progress of the implementation of the Act, highlighting its
impact on the status of the rights of women.44
Upon CHR’s investigation finding that a department, agency or instrumentality of

government, government-owned-and–controlled corporation, or local government unit has
violated any provision of this Act and its implementing rules and regulations, the sanctions
under, administrative law, civil service, or other appropriate laws shall be recommended to the
Civil Service Commission and/or the Department of the Interior and Local Government. The
person directly responsible for the violation as well as the head of the agency or local chief
executive shall be held liable under this Act. Further, the filing of a complaint under this Act
shall not preclude the offended party from pursuing other remedies available under the law
and to invoke any of the provisions of existing laws especially those recently enacted laws
protecting women and children.45
44
R.A. 9710, Section 40
45
Ibid., Sec. 41.
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I. INVESTIGATION SERVICES
A. Investigation and monitoring of human rights violations
The CHR investigation services shall include, primarily, the conduct of investigation
per se, fact finding, application of forensic science in aid of investigation, public inquiry or
hearing, human rights situation tracking, and other modes of gathering evidence and
information. In the process it shall also give paramount importance to the safety and security
of the victim, his/her family, and the witnesses.
The responsibility in the delivery and implementation of the investigation services and
programs, including investigation and monitoring of situations, at the regional/local level is
devolved/delegated to the various CHR Regional offices. While the responsibility in the
development of programs and projects, as well as the formulation of policies, pertinent to
investigation and monitoring functions of the CHR, to include the exercise of oversight
responsibility in the implementation thereof by the regional offices, is lodged with the CHR
Legal and Investigation Office (LIO). The LIO likewise assists the Commission En Banc in the
conduct of public inquiry, as well as the regional offices in the investigation of high profile
human rights cases. Additionally, the LIO also monitors the progress of the investigations and
monitoring activities conducted by the regional offices.
It is necessary for the CHR investigators to clearly understand and familiarize

themselves with the context, nature and purpose of human rights investigation and monitoring
work, such as the following:
 The main purposes of the CHR investigation and monitoring of civil and political rights
are: (a) to determine whether the civil and political rights of a particular person or group
or community of persons were violated, are being violated, or threatened to be violated
by State authorities or agents of persons in authority; or by members of the private or
civilian sector acting upon instruction of or with the acquiescence of government or
State authorities; or by armed groups or members thereof; or by any private person or
entity; (b) to document such violations; (c) to map out trends/patterns of civil and
political rights violations, with a view to advise government on necessary reforms to
improve compliance with State obligations on human rights; and (d) to recommend
appropriate courses of action and/or policy measures to legislative, administrative,
judicial bodies or other relevant State authorities.
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 The objectives of the investigation and monitoring of economic, social and cultural
rights violations or situations are: (a) to determine the rights violated by State or non-
state actors, including private entities and individuals; (b) to assess the economic,
social and cultural rights situation of a particular group or community of persons or
sector of society; (c) to determine the basic obligations of the government on the
matter; (d) to determine the level of government’s compliance with international human
rights principles, norms and standards; and (e) to recommend to and advice
government of the appropriate legislative, administrative, judicial, policy and
programme measures necessary to fully address the economic, social and cultural
rights of the people in the country or any part thereof.
 Human rights investigation: refers to the process wherein one gathers, or receives and
analyzes evidence and makes findings of fact regarding human rights violations.
Gathering and analysis of evidence and drawing conclusions in human rights cases or
situations shall consider the application of international human rights standards, norms
and principles in relation to the Philippines obligations under the various international
human rights treaties to which it is a Party, as well as domestic human rights framework
and pertinent laws, rules and regulations; and thereby ensure that the factual
conclusions relating to the violations are determined authoritatively and definitely.
 Monitoring: refers to the process of systematically tracking activities of and actions by

institutions, organizations or governmental bodies in order to determine government
compliance with international treaty obligations and to determine the immediate and
possible courses of action available, as well as the appropriate measures to be
recommended to the Government, be it legislative, administrative, judicial or
programme or policy measures.
 Conciliation: is a mode of settlement whereby the CHR or its representative, who shall
be a neutral party, encourages and/or facilitates the parties in dispute to discuss their
differences and assist them in making their own solution and/or reaching a mutual
agreement or consensus.
 Mediation: is a more active mode whereby the CHR or its representative, although on
a neutral position, submits proposals or recommendations for the possible settlement
of disputes or human rights issues brought before it. Such proposal or recommendation
by the CHR or its representative is done when the parties in dispute cannot, on their
own, reach a solution or mutual agreement on the human rights issue/s in question.
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B. CHR Organizational Structure in Relation to Investigation Services
B.1. Central Office
COMMISSION EN
BANC
FORENSIC
CENTER
LEGAL AND
INVESTIGATION
OFFICE
Office of the
Director
Investigation
Legal Division
Division
The Legal and Investigation Office (LIO) serves as the national investigative and
detection, as well as legal affairs component of the CHR. The LIO works directly under the
supervision of the Commission en banc and/or the Focal Commissioner for investigative and
legal affairs, and performs oversight functions pertaining to the CHR investigation and
investigative monitoring, as well as legal services and programs, implemented by the CHR
Regional Offices. It also assists the Commission en banc in the conduct of public inquiry, as
well as in the investigation and detection operations in relation to high profile cases or those
which are of national or international concerns; administrative and background investigation;
investigative and legal research; and provides the necessary assistance to the regional offices
in the implementation of investigative and monitoring activities and in the provision of legal
services.
The Legal and Investigation Office is likewise engaged in policy formulation pertinent
to human rights investigation and monitoring, and in the development and conceptualization
of projects and programs designed to enhance the investigative and protection capacity of the
CHR as an institution, and of all CHR offices and personnel involved in the delivery of CHR
protection services. It works in close coordination with other line offices, such as, the Forensic
Center, Field Operations Office and the different CHR Regional Offices.
There are two divisions tasked to effectively carry out the above functions and
responsibilities: (1) Legal Division; and (2) Investigation Division, which work under the
immediate supervision of the Office of the Director, LIO.
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The Forensic Center (CHR-FC) works under the direct supervision of the Commission
en banc and/or the designated focal commissioner. Its primary role is to conduct forensic
examinations in aid of a comprehensive investigation pursued by the CHR through its Regional
Offices and/or the Legal and Investigation Office or composite investigation team. The
application of forensic science in human rights investigation, particularly, in cases involving
extrajudicial killing, enforced disappearance, and torture is a must. Thus, it is necessary to
maintain a close working relationship between CHR forensic doctors and personnel and CHR
investigators and lawyers at the national and regional/local level, as well as to strengthen
linkages and coordination with medico-legal officers and forensic experts from both
government agencies concerned or private organizations and other forensic practitioners for
the provision of forensic services in line with human rights investigations.
The Field Operations Office shall implement and execute approved Commission
policies affecting/relating to regional operations in the protection and promotion of human
rights at the regional/local level. It thus provides a link between the central office and the
regional offices, facilitating and coordinating programs, projects and activities of the
Commission for dispensation and administration in the regional offices.
B.2. The CHR Organization at the Regional Level
REGIONAL OFFICE
Office of the
Regional Director
Investigation Promotion and Administration and

Legal Division
Division Linkages Division Finance Management
Division
The CHR Regional Office is headed by a Regional Director, who manages the regional
office and exercises general supervision in the regional operations and in the delivery of all
CHR programs and services at the regional/local level. Under the general supervision of the
Regional Director are four (4) divisions: Investigation Division, Legal Division, Promotion and
Linkages Division, and Administration and Finance Management Division.
The Investigation Division handles the investigative and monitoring functions and
responsibilities, in close coordination with the Legal Division. The Chief Investigator has
immediate supervision over the investigators, while the Chief Legal Officer has immediate
supervision over the lawyers and officers of the Legal Division. Both divisions, consisting of
investigators and lawyers, work in close coordination with each other in addressing and
resolving human rights cases/issues within the key areas of responsibilities of the respective
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CHR Regional Offices. However, upon the directive of the Regional Director, lawyers and
other key personnel may be tasked to participate in the investigation of cases, in the exigency
of the service.
The Investigation Division and Legal Division are both linked with the offices at the
CHR Central Offices, particularly the Legal and Investigation Office, Field Operations Office,
Forensic Center, and the Assistance and Visitorial Office which are tasked with oversight
functions, policy, projects and programs implementation in relation to protection services at
the regional level, and for purposes of support/assistance.
B.3. CHR Regional Offices’ Territorial Responsibilities
The CHR has sixteen (16) Regional Offices, with areas of responsibilities as follows:
REGION Regional Office Location Areas of Responsibility

Caloocan City; Las Pinas City; Makati
City; Malabon City; Mandaluyong City;
Manila City; Marikina City; Muntinlupa
City; Navotas City; Parañaque City;
Pasay City; Pasig City; Pateros; Quezon
NCR Diliman, Quezon City
City; San Juan City; Taguig City;
Valenzuela City; the entire Province of
Rizal and all cities/ municipalities therein;
and the Province of Cavite and the
municipalities/cities therein.
Abra46, Apayao47, Benguet, Ifugao,
CAR Baguio City Kalinga48, Mountain Province, Baguio
City, and Tabuk City.
Province of Ilocos Norte, Laoag City,
Batac City; Province of Ilocus Sur, Vigan
City, Candon City; Provice of La Union,
I San Fernando City, La Union
San Fernando City; Province of
Pangasinan, San Carlos City, Urdaneta
City, Alaminos City, Dagupan City.
Province of Batanes; Cagayan Valley;
Tuguegarao City; Province of Isabela,
II Tuguegarao
Santiago City; Province Nueva Vizcaya;
and Quirino Province.
46
For purposes of QRT, Region I will send the QRT team; regular investigation, however, falls with CAR.
47
For purposes of QRT, Region II will send the QRT team; regular investigation, however, falls with CAR.
48
For purposes of QRT, Region II will send the QRT team; regular investigation, however, falls with Region CAR.
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Province of Aurora; Province of Bataan,

Balanga City; Province of Bulacan,
Malolos City, Meycauayan City, San Jose
del Monte City;49 Province of Nueva Ecija,
Cabanatuan City, Gapan City, Palayan
III San Fernando City, Pampanga
City, San Jose City, Munoz City; Province
of Pampanga, Angeles City, San
Fernando City; Province of Tarlac, Tarlac
City; and Province of Zambales,
Olongapo City.
Province of Batangas, Batangas City Lipa

City, Tanauan City; Province of Laguna,
Calamba City, San Pablo City, Sta. Rosa
City; Province of Quezon, Lucena City,
IV San Pablo, Laguna Tayabas City; Province of Marinduque;
Province of Occidental Mindoro; Province
of Oriental Mindoro, Calapan City;
Province of Palawan, Puerto Princesa
City; Province of Romblon.
Province of Albay, Legaspi City, Tabaco

City, Ligao City; Province of Camarines
Legaspi City, with Sub-Office Norte; Province of Camarines Sur, Naga
V
in Naga City City, Iriga City; Province of Catanduanes;
Province of Masbate, Masbate City; and
Province of Sorsogon, Sorsogon City.
Province of Aklan; Province of Antique;
Province of Capiz, Roxas City; Province
of Guimaras; Province of Iloilo, Iloilo City,
Passi City; Province of Negros
Iloilo City, with Sub-Office in
VI Occidental, Bacolod City, Bago City,
Bacolod City
Cadiz City, Escalante City, Himamaylan
City, Kabankalan City, La Carlota City,
Sagay City, San Carlos City, Silay City,
Sipalay City, Talisay City, Victorias City
Province of Bohol, Tagbilaran City;
Province of Cebu, Bogo City, Carcar City,
Cebu City, with Desk Office in Cebu City, Danao City, Lapu-lapu City,
VII Dumaguete City and Mandaue City, Naga City, Talisay City,
Tagbilaran City Toledo City; Negros Oriental, Bais City,
Canlaon City, Dumaguete City; and
Province of Siquijor.
49
For purposes of QRT, NCR will send the QRT team; regular investigation, however, falls with Region III.
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Biliran Province; Province of Eastern

Samar, Borongan City; Province of
Western Samar, Calbayog City,
Tacloban City, with Sub-Office
VIII Catbalogan City; Province of Northern
in Calbayog City
Samar; Province of Leyte, Tacloban City,
Ormoc City; Province of Southern Leyte,
Maasin City.
Province of Basilan;50 Province of Sulu;51
Province of Tawi-Tawi;52 Province of
Zamboanga City, with Sub- Zamboanga del Norte, Dapitan City,
IX
Office in Pagadian City Dipolog City; Province of Zamboanga del
Sur, Pagadian City, Zamboanga City;
Province of Zamboanga Sibugay.
Province of Misamis Oriental, Gingoog
City, and El Salvador City; Province of
Bukidnon, Malaybalay City and Valencia
City; Province of Camiguin; Province of
Cagayan de Oro City, with
X Lanao del Norte, Iligan City; Province of
Sub-Office in Iligan City
Misamis Occidental, Ozamis City,
Oroquieta City, and Tangub City; and
Cagayan de Oro City; Province of Lanao
del Sur, Marawi City.
Province of Davao del Norte, Panabo
City, Tagum City, Island Garden and City
XI Davao City of Samal; Province of Davao Oriental,
Mati City; Province of Davao del Sur,
Digos City; and Davao City.
Cotabato City; Province of South
Cotabato, Koronadal City, General
Cotabato City, with Sub-Office Santos City; North Cotabato, Kidapawan
XII
in Koronadal City City; Sarangani Province; Province of
Maguindanao;53 Province of Sultan
Kudarat, Tacurong City.
Province of Agusan del Norte, Butuan
City, Cabadbaran City; Province of
Agusan del Sur, Bayugan City; Provicne
CARAGA Butuan City
of Surigao del Norte, Surigao City;
Province of Surigao del Sur, Bislig City,
Tandag City; Dinagat Island Province
50
Now part of ARMM;
51
Ibid.
52
Ibid.
53
Ibid.
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Province of Basilan, Lamitan City;

Province of Sulu; Province of
ARMM Cotabato City Maguindanao; Province of Tawi-Tawi;
Province of Lanao del Sur, and Marawi
City.
As a general rule, complaints or reports of human rights violations shall be filed with
the CHR Regional Office which has responsibility over the area where any of the alleged
violations were committed, are being committed or threats thereof exist.
However, said rule allows exceptions due to, for example, geographical accessibility –
the proximity of the place of incident to the regional office, as in the case of Kalinga and
Apayao provinces wherein most HRV cases/reports are filed with or attended to by CHR-II
rather than CHR-CAR Office; and the human rights cases/incidents within the ARMM area
have been attended to by CHR Regional Offices IX, X and XII. Under this situation, and
considering further that CHR-ARMM Office does not have yet the personnel component,
except for its designated Regional Director, the regional offices in the Mindanao Group,
particularly, CHR-IX, CHR-X, and CHR-XII shall continue to render services in ARMM area, in
coordination with the CHR-ARMM Regional Office.
Other exceptions to the regional areas of responsibilities as herein setforth are the
safety of the surviving victims/witnesses/complainants, or where the capability of the regional
office to decide the case without bias is raised. In the application of these exceptions, the
regional office/s concerned shall closely work with its focal commissioner, adjacent regional
office/s, or the Legal and Investigation Office.
Under the above mentioned exceptions, the regional office which takes cognizance of
the case/s shall immediately notify the regional office from whose area of responsibility the
case originally falls. The notification, by means of a memorandum, shall state the
circumstances which warranted its acceptance of the case. The requirement of notice serves
the purpose of ensuring that communication lines between regional offices are open to avoid
duplicity in the investigation of cases and likewise to avoid subsequent questions by
respondents and/or tribunals regarding the proper fora in the investigation of human rights
cases.
Furthermore, once a regional office has taken cognizance of and assumed

responsibility over a particular case outside its original area of responsibility in accordance
with the exception rule above, the said case shall be docketed as its case under the MAREIS.
The said regional office shall then pursue the investigation of the case until its termination.
Notwithstanding the delineated regional areas of responsibilities and the exceptions

thereto, a regional office may seek the assistance of adjacent regional office for the purpose
of sending/deploying Quick Reaction Teams (QRT) to facilitate prompt responses to on-going
HRV incidents. Regional Offices should likewise be proactive and duty bound to inform
adjacent regional offices of possible HRV cases/confidential reports/tips falling within the other
regional office’s area of responsibility.
In cases where a regiónal office pursued quick response and deployed a Quick
Response Team (QRT), but the regular investigation falls with another región, it shall
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immediately communicate the matter to the proper regional office for the conduct of regular
investigation. In such cases, the QRT report shall be forwarded to the latter regional office
which shall docket the same as its own case. The regional office which conducted QRTs, on
the other hand, shall keep a manual recording of QRT cases it handled and forwarded to other
regions.
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II. THE ROLE OF THE CHR INVESTIGATORS
The CHR Investigator is graced with such position of importance in the human rights
field, because he/she is primarily tasked to carry out effectively and competently the CHR’s
investigation and monitoring services. Thus, the principal role of the investigator is to
investigate human rights violations; facilitate the protection of surviving victims, their family
and witnesses; monitor human rights situations; and advocate human rights without
discrimination.
The CHR Investigator is clothed with authority to obtain facts and information
pertaining to cases of human rights violations involving civil and political rights taken
cognizance of by the CHR motu proprio or upon complaint by any person, which are necessary
to verify the truth in the complaint or report, as well as to identify and locate the perpetrator/s;
and to collect and gather evidence. The Investigator is also duty-bound to undertake
investigative monitoring of/inquiry on conditions affecting economic, social and cultural rights,
specifically, of the vulnerable, disadvantaged and marginalized groups, such as, children,
women, and indigenous cultural communities, among others.
The above role of the CHR Investigator is drawn from the institution’s investigative and
monitoring mandates under the Constitution. It takes into account that, the main purpose of
the CHR investigation is the determination of whether human rights violations have been
committed or are threatened to be committed by State authorities or agents of persons in
authority; member of the private or civilian sector acting upon instruction of or with the
acquiescence of government or State authorities whether committed in relation to the
performance of their duty or not; by armed groups or members thereof, private person or entity,
who have a clear design to disregard human dignity, human rights and fundamental freedoms.
In the conduct of investigation, an investigator not only deals with the analysis of facts,
but also the application of domestic and international laws. Relevant Constitutional provisions,
applicable special and penal law provisions, and more importantly, international human rights
conventions and treaties, are necessarily taken into consideration in the course of the human
rights investigation.
Coordination with other agencies is likewise part of the investigation process. In the
gathering of facts and the quest for the truth, the case investigator often coordinates with other
agencies to secure relevant documents, data and other evidence available in said agencies
in order to build up the case. In doing this, it is important for the investigator to see to it that all
documents and evidence coming from other agencies are duly authenticated. This avoids
duplication of tasks, and it likewise assures that the documents so gathered are prosecution-
ready, should the case proceed to the courts or quasi-judicial bodies in the future.
Additionally, part of the coordination with other agencies involves inquiring into the
investigation already conducted by such agencies on the case under investigation. Thus, if in
the course of interview with the victim or informant, or in the course of the investigation, it is
disclosed that a similar complaint has already been filed in another government agency and
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an exhaustive investigation has been done, the investigator should endeavor to acquire the
pertinent documents and evidence relative to such investigation, or to require the
complainant/victim or informant to provide the CHR with copies of all the documents submitted
before said agencies. So instead of conducting another investigation and exposing the victim
to revictimization, the CHR investigator could make use of the documents/ evidence previously
produced and submitted.
The above mentioned procedure, notwithstanding, there is a need to stress that the
CHR, and thus, the CHR investigators, in their investigation, remain to be independent.
Though cooperation and coordination with various government and non-government agencies
are part and parcel of the investigation process, if there are gaps in the inquiry or investigation
conducted by other agencies, or when there are suspicions/allegations of partiality or bias,
then the CHR should handle the complete investigation by itself. Herein lies the crucial and
important role of CHR investigators in conducting independent investigations of alleged
human rights violations.
Specifically, for CHR investigators to competently and effectively carry out his/her role,
he/she must:
(a) have a sincere commitment to the cause of human rights;
(b) have basic knowledge of international human rights instruments and relevant
domestic laws, rules and regulations;
(c) be well-versed on the aspect of investigation skills and techniques, as well as

interview/interrogation, whether the subject of such investigation/interrogation or interview is
a girl or boy-child, woman or a man, or an elderly, be he/she the victim, witness or the suspect;
(d) be updated on and must observe the rules and procedures in the handling of
cases, especially those involving women, children, Indigenous Peoples, persons with
disabilities, Lesbian, Gays, Bisexual or Transgender (LGBT), and other vulnerable sectors;
(e) have the ability to communicate well, verbally and in writing;
(f) have the ability to accurately and concisely reduce the statement of the person
he/she is interviewing / interrogating into an affidavit-complaint; to reduce accurately in writing
his findings, in the form of initial, final and/or supplemental investigation reports, or progress
reports on the case/s he/she is handling, as well as documentation in relation to monitoring
economic, social and cultural rights conditions of the vulnerable sectors, which are necessary
to put the results of the investigation work on record pursuant to prescribed standards;
(g) ensure that all documents/papers and records pertaining to the case/s are
properly compiled and preserved together with other evidence he/she gathered/collected in
the course of investigation and/or investigative inquiry/monitoring. For this purpose, he/she
shall include in his/her final investigation report, as enclosure, a list or inventory of all the
documentary and object evidence gathered in the course of his/her investigation.
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If object evidence are collected or recovered at the scene where the violation took
place, the investigator must be aware that it is important that these are properly marked,
preserved, and stored in a safe place in the Regional Office until such time that these evidence
are turned over for examination by experts and presented by the prosecution before the
competent court in connection with the corresponding criminal charges that may ensue after
the CHR investigation. The investigator concerned must likewise observe the basic rules on
the chain of custody of evidence.
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III. INVESTIGATION and CASE MANAGEMENT PROCESS
A. Case Activity Flowchart
INVESTIGATION and CASE MANAGEMENT PROCESS
Call parties for

Initial Evaluation of
Docket / record dialogue / Planning for
Complaint or Report the complaint /
complaint / report conference, if Investigation
reports
required
Evaluation of Report
Notice of Case Review and Approval / Evidence, Investigation or Fact
Investigation Report
Resolution to Parties of Case Resolution Preparation of Case Finding Proper
Resolution
Commission En
Motion for Banc Resolution on Official transmittal of
Appeal; motu proprio the Resolution and Case Monitoring
Reconsideration /
reviewed on RO Case Records to
Appeal
Decision; Notice of appropriate fora
Resolution to Parties
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PAGSAMPA NG REKLAMO
Ang pwede magreklamo Saan Magrereklamo
IMBESTIGASYON
Proseso ng pag-iimbestiga Mga ebidensya na makakatulong
RESOLUSYON
Rekomendasyon Pagsubaybay
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B. Case Management Process
1
Complaints and Reports
Any concerned individual or group may file a complaint for human rights violations
before the Commission on Human Rights (CHR), particularly the victim, or his/her relatives,
non-government organization, or any government or private entity54. Anonymous complaint or
reports received from other sources shall be subject to an initial evaluation and verification. If
upon such initial verification or on the basis of the information or details provided appears to
be meritorious or has some factual basis, the CHR shall motu proprio proceed to investigate
the matter55.
The Case Management Process begins from the moment the CHR takes cognizance
of a complaint or report of human rights violation or incident, which may come from any of the
four originating points: directly from the complainant/victim, motu proprio, received from
Barangay Human Rights Action Center (BHRAC), and from identified sectoral conditions for
investigation and monitoring56. The complainant may be the victim himself/herself or his/her
relative, or a concerned individual or government entity or non-government group. It has a set
of activities which may vary depending on the source of complaint or report.
In any case, the CHR investigator or lawyer, assisting the complainant/victim in the
filing of the complaint, or the Regional Director, has the authority to administer the oath of the
complainant and of the subsequent counter-affidavit of respondents
1.a. Complaints directly filed with the CHR Regional Office refers to complaints
brought directly to the attention of the CHR by the victim/s, or the victim’s relatives, or
concerned individual or government office or non-government group.
1.b. Motu proprio, action taken by the CHR on its own initiative on the basis of reports
or information from radio/television broadcasts, newspaper accounts, phoned-in reports of
incidents of human rights violations or other similar sources. The CHR initial response to these
reports is through immediate dispatch of Investigators or quick response team (QRT). The
formal filing of the complaint is done after initial inquiry or investigation on the reported
incident.
54
Section 2, Rule 4, Guidelines and Procedures in the Investigation and Monitoring of Human Rights Violations
and Abuses, and the Provisions of CHR Assistance.
55
Section 4, Rule 4.
56
Section 5, Rule 4.
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Four (4) Originating Points of HR Cases for CHR Investigation
Complaint directly Sectoral conditions

Complaint received
filed with the Motu Proprio for investigation and
thru BRHAC
Regional Office monitoring
Motu Proprio
1.c. Complaints received thru BHRAC. The Barangay Human Rights Action Officer
shall immediately refer to the nearest CHR Regional Office or Sub-Office all complaints or
request for assistance filed thru the Barangay Human Rights Action Center (BHRAC);
1.d. Identified sectoral conditions for investigation and monitoring or inquiry. This is
generally initiated at the CHR Regional Office level, based on reported violations of sectoral
rights, or in accordance with a sectoral prioritization schedule prepared for the purpose, or
when in the process of investigation of cases involving violations of civil and political rights
issue/s on economic, social and cultural rights surfaced. This being the case, the investigator
should pursue investigation and monitoring by, among others:
(1) Identifying the specific type of human rights violation involving economic, social
and/or cultural rights;
(2) Identifying the institution/s which have the primary responsibility over the
economic, social and/or cultural rights issues involved and look into the processes by which
the State seeks to realize the rights in question;
(3) Determining the applicable human rights standards to the economic, social
and/or cultural rights situation, as well as the particular treaty obligations breached and how
the violation was committed or are committed, and who are responsible therefor;
(4) Conduct a thorough and comprehensive analysis of the situation vis-à-vis the
domestic laws, policies, rules and regulations, administrative procedures and practices, as
well as existing jurisprudence, to determine whether these are consistent with international
human rights norms and standards or particular provisions of applicable human rights treaties;
(5) Identify the factors that led or contributed to the violation/s of the economic, social
and/or cultural rights of the people or particular sector;
(6) Make the appropriate observations and recommendations to vindicate the rights
of the victims, as well as corresponding measures to be adopted by duty holders to prevent
violations of economic, social and/or cultural rights in the future; and
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(7) Continue to monitor and document economic, social and cultural rights situations
within their respective area of responsibility; and make the necessary report to the
Commission en banc.
2
Docket and record complaints and reports
After receiving the complaint or report, be it related to civil and political rights, or
economic, social and cultural rights or other request for assistance, the Duty
Investigator/Officer shall assign a docket number and immediately record it in accordance with
the CHR rules on system57.
The initial data, including the case docket number, shall be entered in the
MAREIS by creating a complaint report. The data to be uploaded to the MAREIS shall be
based on the complaint form filled up by the Complainant, which may be: Form 9 (regular
complaint form), Form 9a (BHRAC endorsed complaint), Form 9b (Motu proprio), Form 9c
(Investigation and monitoring), Form 9d (request for assistance) or Form 10 (Complaint for
Child Rights Violations). The date of filing as entered in the system shall reflect the date when
the complaint was received by the regional office.
In filling up the Form 9 or the complaint form, all information available to the
complainant shall be duly filled up. The complainant shall then sign or thumb mark the form
signifying that the information contained therein are provided by him/her. Any additional
information for the Form 9 subsequently gathered during the investigation shall be kept in a
separate sheet of paper which shall later be attached to the final investigation report. No
further alteration shall be made in the Form 9 as authenticated by the Complainant.
Initial evaluation of complaints and reports
To determine CHR jurisdiction; area of responsibility of CHR Regional Office. — At this

stage, the Commission’s Chief Investigator or Chief Legal Officer, or in their absence the
Regional Director shall conduct an initial/preliminary assessment/evaluation of the complaint
or report to determine whether the matter falls within the CHR mandate58 and whether it falls
within the area of responsibility of the regional office concerned.
57
Rule 6
58
Section 6, Rule 4
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If it is within the area of responsibility of another CHR regional office, the matter shall
be immediately indorsed to that regional office within whose area responsibility the violation
complained of took place or is occurring, for the latter’s immediate action. The region which
initially received the complaint, in such cases, may render assistance in the taking of affidavits
before indorsing the case to the proper region in whose area of responsibility the case falls.
However, if the case falls within the exceptions previously stated (geographical
accessibility and proximity, safety of surviving victims/witnesses/complainants; allegations of
bias) the regional office may take cognizance of the same, provided that it shall notify the
regional office with original responsibility over the case of its action and the basis or reasons
therefor.
For referral to appropriate agencies. — If upon preliminary evaluation it is apparent

that the matter does not involve human rights violations or issues, the CHR Officer concerned,
with the approval of the Regional Director, shall close the case and immediately refer it to the
government agency or other concerned entity having primary jurisdiction or responsibility over
the subject matter for appropriate action, with notice to the complainant or aggrieved party.
The case shall then be entered in the MAREIS as closed for referral.
For initial fact-finding. — Should the circumstances require an initial field investigation
or fact-finding mission in order to have an accurate initial validation of the report or complaint,
the CHR office concerned shall immediately deploy an investigator or lawyer or a composite
team for the purpose.
For immediate deployment of Quick Response Team. — As the situation warrant, the
investigator shall immediately indorse to the Chief Investigator or the Regional Director for the
dispatch of a Quick Response Team to immediately and timely respond, intervene and provide
the necessary assistance to any person or group/community of persons in all cases involving
civil, political, economic, social and cultural rights, particularly where the lives, limbs or
property are in imminent danger or grave threat, and/or where serious human rights violations
have just taken place.
The CHR may deploy investigating officers to join multi-sectoral quick response
operation. However, CHR officers involved in such activity shall at all times maintain the
independence of the CHR and come up with their own separate observation and report which
shall be submitted to the Regional Director and/or the Commission thru the Focal
Commissioner concerned.
Recommend to the Commission for the conduct of public inquiry.—The Regional

Offices, thru its investigator or the composite investigating team, on the basis of their
observation and assessment of the data gathered in the course of investigation, whether at
the initial stage or during the investigation or fact-finding proper, after informing the
Commission, may conduct public inquiry in aid of investigation. However, in cause celebrae
or high profile cases, the Commission shall have the discretion to consider the conduct of an
en banc public inquiry, or to delegate the conduct thereof to any of its members who shall be
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assisted by the CHR legal officers and support staff, or to the CHR Regional Office concerned
or to a special committee.
The subject of a public inquiry may include, but is not limited to: human rights cases
and/or issues which are of national and/or international implication/importance, such as,
extralegal or summary killings, enforced disappearances, massacres, crimes against
humanity, hamlettings, forced evictions and/or illegal demolitions, development aggression,
displacements, food blockades, or violations involving civil, political, economic, social or
cultural rights and/or threats thereof that affect the underprivileged or
vulnerable/disadvantaged or marginalized sectors, or community of persons, regardless of the
situs of the violation and/or personalities involved or implicated thereon.
Recommendations as to the proper course of action to be taken by the CHR shall be

submitted to the Office of the Regional Director concerned or to the Commission within two
(2) days from the conclusion of the preliminary evaluation or initial investigation, and in urgent
cases, not later than twenty-four (24) hours59.
In all of the above cases, after the initial evaluation, the case investigator shall create
an evaluation report in the MAREIS or a QRT report if one has been conducted. In the creation
of an evaluation report, the investigator shall choose from among the following courses of
action:
(a) For Investigation, which means that the case falls within the jurisdiction of the
CHR, and is within the Regional Office’s area of responsibility, as discussed above.
(b) Legal Counseling, which covers all legal assistance extended to clients of the
Commission. This may include the taking of affidavits and provision of legal advice.
(c) No HRV/Referral, when, after evaluation of the case, there is a determination that
the case does not fall within the CHR’s jurisdiction and that there is no human rights issue
involved. In such cases, referral to the appropriate agencies shall be made.
(d) Consolidation, when the case has already been investigated or is being
investigated by the CHR and another case is filed involving the same issue and/or parties, the
said cases shall be consolidated.
It shall be noted that in cases determined for investigation, the execution of the
complainant/victim of an Affidavit of Desistance will not preclude/warrant the closure/dismissal
of the case if the determination of human rights violation can still be made or proven through
other means; or when the details provided in the complaint appeared to be meritorious; or
when the complaint has some factual basis; or the evidence already at hand, is strong.
59
Section 6, Rule 4
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4
Call the parties for a dialogue or preliminary
conference, if required
On the basis of the preliminary evaluation or initial investigation findings, the

Commission or the CHR Regional Director or the Head of the Sub-Office may opt to call or
invite the parties for a dialogue or preliminary conference to discuss, among others, immediate
courses of action and protection remedies, and/or possible submission of the matter to an
alternative dispute resolution whenever applicable. In such case, the notice or invitation shall
be given to the parties at least three (3) days before the scheduled date of dialogue or
conference60.
Should the parties agree, during the conference/dialogue, to submit the issue to an
alternative dispute mechanism, they must be informed that the same shall proceed in
accordance with the process under Part VI of the Manual.
Conciliation and mediation proceedings are prohibited in cases involving against

women and their children, except where the sole issue is support. It should emphasized,
however, that the conciliation and mediation proceedings in relation to support shall not
preclude the complaint from filing the corresponding criminal charges for violence/abuse
against women and/or children pursuant to existing laws.
Cases resolved and closed through conciliation or mediation shall be reported/entered

in the MAREIS. In these cases, Final Investigation Reports/RO Resolution report shall still be
created, stating therein that the case was referred and later resolved through ADR.
5
Planning the Investigation
The CHR Investigator should always consider the stages of investigation and
determine beforehand the steps to be taken, as well as the appropriate adjustment in the
process as the investigation progresses.
60
Section 9, Rule 4.
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STAGE 1
PLAN THE INVESTIGATION
STAGE 2
GATHER THE REQUIRED INFORMATION AND AVIDENCE
STAGE 3
ANALYZE THE INFORMATION AND EVIDENCE
STAGE 4
DOCUMENT THE FINDINGS OF THE INVESTIGATION AND MAKE

RECOMMENDATIONS
Therefore, in all cases subject to investigation, except those for QRT, the investigator
or investigating team shall first come up with an investigation plan (Stage 1) which shall
consider, among others, the time frame of the investigation and the resources needed, i.e.,
equipment/materials, budgetary requirements. The Chief Investigator shall then review the
Investigation Plan, upon consultation with the Investigator-on-Case, and approve or
disapprove it, as appropriate. The Investigation Plan is the first stage in the investigation
process, and which is necessary especially in high profile human rights cases. It shall be kept
in the case files for reference and guide for the investigators on case. The Chief Investigator
shall periodically review the Investigation Plan to monitor the progress of the investigation and
the accomplishment of the Investigation Plan. The plan may be modified as the investigation
progresses depending on the needs and leads of the investigation in any particular human
rights case, with the approval of the Chief Investigator. This may be during the gathering of
information and evidence (Stage 2) and/or in the analysis of such information and evidence at
hand (Stage 3).
The Investigator should always make accurate notes or recording of the information
and evidence obtained, including an inventory or list of the documentary, object and other
relevant and material evidence gathered, as well as their observations in the course of the
investigation. This is necessary for a precise, correct, and truthful documentation of the
investigation findings and in making appropriate recommendations (Stage 4).
6
Investigation or fact-finding proper
Human Rights investigation refers to the determination of facts and circumstances

regarding alleged human rights violations and the identification of the perpetrators/violators.
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This will include, among others, the motive/s behind, the root cause of the violations, the
background of the victim/s and the perpetrator/s.
6.1
Investigation or fact finding proper of violation of civil and political
rights
The investigation or fact-finding proper of human rights violations, particularly those

involving civil and political rights, shall commence immediately after the preliminary evaluation
of the report or complaint or after the initial investigation finding which calls for an in-depth
investigation of the human rights incident or issues. In no case shall it be later than fifteen (15)
days from receipt of the complaint or report. In very urgent situations, the investigation shall
commence immediately upon receipt of the complaint or report61.
The manner of conducting an investigation depends on the nature of the human rights
violation involved. The investigator has to consider all sources of information and should obtain
evidence from the surviving victims, witnesses and other relevant sources. It is important to
use modern techniques of investigation including explorations of cellphones and/or webmail
data. Comprehensive and thorough investigation may sometimes require the assistance of
experts, depending on the particular needs of the case, i.e., Forensic investigation. The
investigation process should aim to obtain and gather information and evidence in an orderly
manner (Stage 2).
In many instances human rights investigation process, including monitoring, may

require close coordination with other government agencies involved in law enforcement, as
well as non-government organizations involved in human rights work.
Among the initial steps that should be undertaken by the investigator is to collect and
gather data from these institutions and organizations, i.e., police investigation reports, police
blotters, and NGO fact-finding reports. The CHR investigation should verify and complete the
information or fill the gaps in the investigation. However, the investigator should avoid the
overlapping or the duplication of tasks.
While the investigation is on-going, the investigator should assess the sufficiency and
relevance of the evidence already on hand (Stage 3), and regularly consult and/or update the
regional director or the chief investigator on the progress of the investigation, or if necessary,
the Commission and/or the Legal and Investigation Office. Generally, the investigator shall
prepare and submit an initial report. Such report shall likewise be created and uploaded in the
MAREIS.
61
Section 10, Rule 4
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Notice. — Conformably with the right to procedural due process, the alleged
respondent or any person implicated in the complaint or report from relevant sources shall be
notified by way of notice, letter-invitation, order, or subpoena62, requiring him/her to submit
his/her answer, comment or counter-affidavit within ten (10) days from receipt thereof. A copy
of the complaint/report or summary thereof shall be attached to the notice 63. Witnesses and
other relevant documents in support of their defense may likewise be presented.
In cases or issues which are of immediate and/or national, regional or international

concerns, the parties and other concerned individuals shall be given at least three (3) days to
appear and/or submit their answer or counter-affidavit and other relevant documents64.
In cases where the respondent is residing abroad, notice and other CHR processes
shall be served to him/her through his/her recruiting agency in the country (in support cases),
or through the Philippine Consular Office or other available means.
The CHR processes in relation to the investigation being conducted shall be issued by
any of the following officials65:
a) The Chairperson, or any Commissioner in cases of national, regional or

international concern or importance, regardless of the situs of the violation or threats thereof;
or
b) The Regional Director, or in his absence, the Officer-in-Charge, or Chief

Investigator of the CHR Regional Office or Sub-Office concerned, for cases taken cognizance
of or filed with the CHR Regional Office or Sub-Office concerned.
The notice, letter-invitation, order, or subpoena shall:
a) Inform the respondent/s, and other parties concerned of the date, time and place
of the scheduled conference or dialogue;
b) Require the respondent/s to respond to the complaint by way of an answer,

counter-affidavit or comment within the period prescribed in Rule 3, Section 13 of the CHR
Guidelines and Procedures;
c) Inform the respondent/s that in case of failure to attend or respond to the

complaint, the Commission or any of its Regional Offices or investigation committee
concerned shall proceed with the investigation and decide on the case on the basis of the
evidence and documents on record;
d) Inform the invited resource persons, if any, of the time, date and place of the
conference or dialogue; and for said resource persons to submit their comment, opinion or
62
Section 11, Rule 4.
63
Section 13, Rule 4.
64
Section 13, Rule 4.
65
Section 11, Rule 4.
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position on the issue on or before the scheduled date of the preliminary conference or dialogue
or inquiry within ten (10) days from receipt of such invitation or within such period as the CHR
investigating authorities may deem reasonable.
Access to information/data pertaining to human rights cases. The following

information/data66 may be released, except when it shall prejudice the on-going investigation
or put to immediate risk or endanger the life and security of the complainant, surviving victim,
the victim’s family or the witness or witnesses:
1. Case Resolution
2. Affidavit Complaint (for the respondent only)
3. Orders issued by the Commission pertaining to human rights cases
4. Case background
5. Case history
6. Case profile
7. Case status
8. Procedural profile
9. CHR Policies, Rules and guidelines
10. Human rights education and information materials
11. Institutional performance profile
6.2
Investigation and monitoring of economic, social and
cultural rights
Violations of economic, social and cultural rights refer, primarily, to the failure of the
government to comply with an obligation contained in the International Covenant on Economic,
Social and Cultural Rights.67 To ascertain whether there is a breach of any of these rights or
validate any complaint or report for that matter, the CHR pursues investigation and monitoring
as a means of ensuring the protection thereof. Thus, the investigation procedures in civil and
political rights apply, coupled with the further continuing CHR protective action requiring
investigators to track down the economic, social and/or cultural rights violations on a case to
case basis, as well as the economic, social and cultural rights conditions of the community or
the vulnerable, marginalized and disadvantaged sectors within the area of responsibility of the
CHR regional office concerned. The tracking of the situation within the local or regional level
is necessary for the accurate assessment and analysis of the general economic, social and
cultural rights situation of the people in the country.
66
CHR (III) Resolution No. A2008-047 (CHR Policy on Public Access to Information on Human Rights Case
Records and Other Human Rights Documents).
67
Principle 70, Limburg Philippines on the Implementation of the International Covenant on Economic, Social
and Cultural Rights, Maastrcht, June 2-6, 1986, UN Doc. E/CN.4/1987/17
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Therefore, in the process, the investigator or any other personnel designated by the
Regional Director must:
(a) Identify the specific type of human rights violation involving economic, social
and/or cultural rights;
(b) Identify the applicable human rights standards to the economic, social
and/or cultural rights situation, as well as the particular treaty obligations
breached and how the violation was committed or being committed, and who are
responsible therefor;
(c) Conduct a thorough and comprehensive analysis of the situation vis-

à-vis the domestic laws, policies, rules and regulations, jurisprudence, to
determine whether these are consistent with international human rights standards
or particular provisions of applicable human rights treaties;
(d) Identify the factors that led or contributed to the violation/s of the economic, social
and/or cultural rights of the people or particular sector;
(e) Make the appropriate observations and recommendations to vindicate the rights
of the victims, as well as corresponding measures to be adopted by duty holders to prevent
violations of economic, social and /or cultural rights in the future; and
(f) Continue to monitor and document economic, social and cultural rights situations
within their respective area of responsibility; and make the necessary report to the
Commission En banc.
Monitoring of economic, social and cultural rights may be further elaborated and
undertaken by:
(a) Compiling all investigation reports on incidents of economic, social and cultural
rights violation. This shall serve as basis to assess the government’s current performance in
the fulfillment of economic, social and cultural rights obligations;
(b) Being able to gauge the trends of economic, social and cultural rights situation,
through multi-year analysis and highlights the need for comparable data over several years;
(c) Undertaking a comprehensive and in-depth review of national laws, policies,

rules, regulations, guidelines, administrative procedures and practices, as well as
jurisprudence, including national strategies and plans that have impact on economic social
and cultural rights;
(d) Undertaking a comprehensive review of proposed bills and submitting comments

to Congress.68
68
Maria Socorro I. Diokno. Investigative Monitoring of Economic, Social, and Cultural Rights, a Paper presented at the Investigators’
Training-Workshop, Commission on Human Rights, Antipolo City, Philippines, October 2000.
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6.2.a
Investigation and monitoring of demolition and eviction incidents
The usual victims or communities affected by demolition and/or eviction are from the
vulnerable, marginalized and disadvantaged (VMD) sector of society. Thus, consistent with
its role as an independent monitor and watchdog of the human rights conditions in the country,
the CHR may, on its own or on complaint by any person, pursue investigation and monitoring
of all forms of human rights violations arising from the demolition of dwellings or structures
and eviction of poor dwellers and homeless underprivileged citizens or members vulnerable,
marginalized or disadvantaged sectors in the country.
At the regional level, at least two (2) special investigators shall serve as Focal Persons
on investigation and monitoring of the human rights situation of vulnerable, disadvantaged
and marginalized sectors of society, such as, poor dwellers, homeless, and underprivileged.
On the basis of the complexity and gravity of the issue or issues, the Regional Director may
designate a lawyer to lead the team. A CHR medical doctor may also be made part of the
team, especially when the physical and health conditions of the affected residents or
community of persons are also at issue.
The investigation and monitoring of all forms of human rights violations arising from
the demolition of dwellings or structures and eviction of marginalized, disadvantaged and
vulnerable sectors in the country shall be in accordance with the provision of Rule 10 of the
Guidelines and Procedures in the Investigation and Monitoring of Human Rights Violations
and Abuses and the Provisions of CHR Assistance.
Duties and Responsibilities of Investigators
The duties and responsibilities of focal persons, investigators and members of

Monitoring Teams in Demolition and Eviction cases are the following:
(a) To monitor and document the human rights situations of homeless citizens
belonging to the marginalized, vulnerable and disadvantaged sectors;
(b) Investigate human rights violations arising from the conduct of demolition and
eviction;
(c) To monitor, observe and document the conduct of legal demolitions and
evictions;
(d) To verify from the agency or court concerned the authenticity of any demolition
or eviction order;
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(e) To monitor and ascertain the observance of due process, and that the eviction
or demolition is done in a just and humane manner;
(f) To monitor and ascertain compliance by government authorities of mandatory

requirements in the issuance and execution of eviction or demolition orders;
(g) To monitor and ascertain that no resettlement of urban or rural poor dwellers
shall be undertaken without adequate consultation with them and the communities where they
will be relocated;
(h) To initiate, attend and represent the Commission in inter-agency meetings and
dialogues and related activities with respect to issues or measures pertaining to eviction and
demolition;
(i) To prepare after-mission reports and final comprehensive investigation and

monitoring reports on demolition and eviction cases and to make the necessary
recommendation to the Regional Director concerned or the Commission en banc, on the basis
of their investigation analysis and observations; and
(j) Notwithstanding that there is a case filed/pending in court, involving the same
subject matter/issues between the same parties, hence, subjudice, the designated focal
investigator and/or legal officer who evaluated the investigation shall continue to monitor the
situation on the ground, as well as the progress of the case before the court and other
competent body.
6.3
Investigation of cases involving

Children and women69
Generally, the regular investigation process also apply to the investigation of cases
involving children and women. However, the CHR investigator should always be conscious of
the further requirements or procedures in handling cases involving these vulnerable sectors.
Thus, in handling cases involving children, be they victims or children in conflict with the law
or children in situation of armed conflict, the investigator shall also take into consideration the
guiding principles enshrined in the Convention on the Rights of the Child, namely: the best
interest of the child; non-discrimination; the right to life and development; and the right of the
child to be heard and to participate. The investigator shall observe the CHR guidelines in the
investigation and interview of children and women who are victims of human rights violations
or domestic violence.
69
Correlate with Part VII of this Manual.
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There shall be a separate room conducive in conducting interviews with women victim-
survivors/witnesses as well as child-friendly rooms where to interview children. In case where
there is no separate room available, the Office of the Regional Director of the regional office
concerned shall be utilized for the purpose.
Confidentiality on cases involving women and children shall be observed in

accordance with law and CHR policy on the matter.
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V. POST-INVESTIGATION ACTIVITIES
A. Conclusion after Investigation
7
Final Investigation Report
Once the investigation is completed, the investigator/s shall prepare the final
investigation report70. The final report shall contain the following:
(a) The authority or legal basis of the CHR to conduct the investigation; The authority
of the special investigator, as per written or verbal order of the Regional Director, shall likewise
be included;
(b) The profile of the victim, which shall include his/her full name, sex, gender, age,
status, address, affiliation, work or profession, religion, nationality, tribe or ethnic origin,
educational background;
(c) The profile of the human rights respondents which shall include his/her full name,
sex, gender, age, status, nationality, work or profession, religion, branch of service in
government, and/or the organization or group or affiliation;
(d) The material allegations in the complaint and in the answer, comment, counter-
affidavits as the case may be;
(e) The names and other personal circumstances of the witnesses and a brief
narration of their testimonies;
(f) Summary of the evidence submitted by the complainant, respondents and those
gathered by the investigators;
(g) All relevant data or information gathered;
(h) The particular provisions of international human rights instruments violated or

applicable to the case, as well as the pertinent domestic laws;
(i) Investigation and observations. The evidence and information gathered in the course
of the investigation;
(j) Recommendations; and
70
Section 15, Rule 4.
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(k) All other relevant data as may be necessary.
The final investigation report shall be completed within ten (10) working days
from the termination of the investigation proper71. It shall be submitted to the Chief of the
Investigation Division for review and endorsement to the Chief of the Legal Division thru the
Regional Director or the Officer-in-Charge in his/her absence. To comply with internal
reporting requirements, a Final Investigation Report shall likewise be created in the MAREIS.
Investigators, may identify the applicable international and domestic laws in the
Action/Respondent fields but shall refrain from determining guilt and/or findings of
HRV72, such determinations shall be better addressed by the lawyers from Legal Unit of the
Regional Office.
B. CHR Resolution
8
Evaluation of Investigation Reports and Evidence;
Preparation of Case Resolution
The final evaluation and the resolution of the case shall be prepared by the lawyer
or legal officer designated by the Chief of the Legal Division within fifteen (15) working days
from the submission of the final investigation report together with the evidence collected
thereon73. The disposition shall be made on the merits of the case. Upon the completion of
the draft resolution, the lawyer or the legal officer so designated shall create a RO Draft
resolution report in the MAREIS. The lawyer so designated shall indicate the proper findings
in the case, per respondent, which could be: (a) Liable for HRV, (b) Not Liable; (c) No
pronouncement as to guilt. He shall likewise indicate the proper legal action to be taken: (a)
civil; (b) criminal; (c) administrative, indicating as well the specific agency to which the case
shall be referred to.
Review and Approval of Case Resolution
The Chief Legal Officer shall review and recommend for approval the draft resolution
within three (3) days from receipt thereof. The CHR Regional Director shall
approve/disapprove the resolution within five (5) days from receipt thereof. The resolution shall
state whether or not there exist prima facie evidence of human rights violation committed or
71
Section 17, Rule 4.
72
Click from the MAREIS “no pronouncement as to guilt” in order not to preempt the evaluation of the case by
the Legal Division.
73
Section 17, Rule 4.
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the omission/s which led to the violation of the human rights and the pertinent provisions of
the international human rights law, as well as domestic legislation and jurisprudence
applicable to the case. In case the Regional Director disagrees with the evaluation and
disposition of the case made by the Legal Division, it shall be incumbent upon the Director to
personally rewrite and approve the resolution.
The dispositive portion of the resolution shall also state the corresponding
recommendations, be it an endorsement for the filing of appropriate criminal, administrative or
civil actions before the competent fora; or transmission for appropriate legislative,
administrative, judicial, policy and programme measures, or the dismissal of the case; and
grant of financial assistance, if applicable.
If and when the CHR Regional Office decides to dismiss the case, it shall indicate in
the resolution the grounds for dismissal. As part of the internal reporting requirements, the
Regional Director shall enter the RO Decision in the MAREIS. If possible, a scanned copy of
the signed Resolution shall be uploaded. The RO report in the MAREIS shall also indicate
whether or not the case was: (a) resolved through ADR; (b) Archived with HRV; (c)
Closed/Terminated with HRV; (d) Dismissed / Closed / Terminated; (e) For filing and
monitoring; (f) Revert for further investigation.
10
Notice of Resolution to Parties
A notice of the resolution, together with a certified copy of the case resolution, shall
be sent to the parties and their counsel and other persons/entity concerned within two (2) days
from approval thereof by the Regional Director74.
11
Motion for reconsideration; appeal; motu proprio
review of CHR Regional Office resolutions
Any party to a human rights case, or concerned citizen or organization representing

said party, who does not agree with the resolution issued by the CHR Regional Office, may
file a motion for reconsideration with the Office of the Regional Director within fifteen (15) days
from receipt of said resolution75. The resolution issued by the CHR Regional Office shall
become final after the lapse of the fifteen (15) days period for the filing of a motion for
reconsideration and no such motion has been filed.
74
Section 19, Rule 4.
75
Section 20, Rule 4.
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Should the motion be denied, the aggrieved party has a period of fifteen (15) days from
receipt of the Resolution denying said motion, within which to appeal the case to the
Commission En Banc. The appeal may be filed with the regional office concerned or directly
with the Commission en banc through the Commission Secretary. If the appeal is filed with
the Regional Office concerned, the latter shall elevate the same, together with the records of
the case to the Commission En Banc, through the Commission Secretary, within five (5) days
from receipt of the appeal. The appeal may be in the form of a letter or pleading in six (6)
legible copies76.
The absence of a motion for reconsideration or appeal does not preclude the
Commission En Banc to motu proprio review cases resolved by the Regional Offices,
particularly those which are of national or international importance/implication, or involve
heinous forms of human rights violations, including child rights cases.
12
Commission En Banc Resolution on the appeal of Regional Offices

decisions, or subject to motu proprio review; Notice to parties
The Commission shall resolve cases on appeal or under motu propio review within
sixty (60) days from the receipt of the case subject of appeal/review.
The Commission En Banc Resolution on the appeal shall clearly state the basis for the
affirmation, modification, amendment, or reversal of the resolution of the CHR Regional Office,
or the reason for its decision to remand the case to the Regional Office for further
investigation77. A copy of the said Resolution shall also be uploaded in the MAREIS through
creating an En Banc Resolution Report.
The Commission Secretary shall cause the release and service of notice, together with
a copy of the Commission En Banc Resolution or Decision in cases on appeal, to all the parties
in the case, as well as to the CHR Regional Office concerned, within fifteen (15) days from the
date of approval and concurrence thereof by the Commission en banc. The service of notice
shall be by personal service through the CHR Process Server or designated officer, or by
registered mail78.
The aggrieved party shall have fifteen (15) days from receipt of the Notice and Copy
of the Commission En Banc Resolution or Decision, within which to file a motion for
reconsideration before the Commission En Banc. Only one (1) motion for reconsideration for
the aggrieved party shall be allowed79.
76
Section 21, Rule 4.
77
Section 25, Rule 4.
78
Section 27, Rule 4.
79
Section 28, Rule 4.
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The Commission En Banc shall act on the motion for reconsideration of its resolution
or decision within fifteen (15) days from receipt thereof. It shall make a ruling thereon and
issue the corresponding Resolution within fifteen (15) days from the conclusion of its
deliberation on the motion for reconsideration. The parties shall be notified accordingly in
accordance with the provision of this Rule on Notice of Commission en banc resolution to
parties.
13
Official transmittal of CHR Resolution

and case records to competent fora
In cases where the resolution of the regional office has become final and is to be
endorsed to competent fora for the filing of appropriate criminal, administrative or civil actions,
the same shall be covered by an official transmittal and a chronological list of documents and
evidence on record to be transmitted. The transmittal letter shall be signed by the Regional
Director.
In cases decided by the Commission En Banc endorsed for appropriate action to the
competent fora, the transmittal letter shall be signed by the Chairman or Commissioner. It
shall also contain a chronological list of the documents and evidence.
However, if the corresponding criminal and administrative charges have already been
initiated and filed before the competent fora prior to the CHR resolution, the resolution shall
indicate that the case/s is already pending with the competent fora. The CHR shall monitor
the progress and status of the case until the same shall have been decided by the competent
body with finality.
C. Monitoring the progress of investigation and status of cases; consolidated

and special reports;
14
CHR Offices responsible in case monitoring
All resolved, referred or endorsed cases shall be monitored by the legal division of the
regional office concerned. Cases endorsed before national office/s may be monitored by the
CHR Central Office through the Legal and Investigation Office.
All resolved cases referred or endorsed to appropriate government institutions or

bodies, i.e., Office of the Prosecutor, Office of the Ombudsman, the Courts, located within the
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region or area of responsibility of the particular CHR Regional Office concerned, for the filing
of the corresponding criminal and/or administrative charges and/or civil action for damages
resulting from the human rights violations committed on the victim/s, shall be regularly
monitored by said Regional Office or Sub-Office.
All such cases endorsed before appropriate national office/s located in Metro Manila
shall be monitored by the Legal Division, in coordination with the Investigation Division of the
Central Office. However, in so far as cases emanating from the CHR-NCR regional office, the
said office shall be responsible for the monitoring of said cases before the national agencies
concerned. The Legal Division, after having monitored the case endorsed by the Regional
Office or Sub-Office, shall prepare a Monitoring Report and transmit the same to the
regional/sub office concerned. The latter, upon receipt of the Monitoring Report, shall cause
the entry of the data/information report in the MARIES.
The monitoring results of all resolved cases, referred or endorsed, shall be reported in
MAREIS.
On the basis of the case data in the CHR databank system, the Information Systems
Management Office (ISMO), in coordination with the Investigative Affairs Office and the Legal
Affairs Office, shall come up with individual and consolidated reports by region, by year of
incident/s taken cognizance of by the CHR, by case type/category, by category of victims, and
by category or respondents. Likewise, ISMO shall come up with consolidated reports by
gender and age of victims. The consolidated report shall be on a bi-annual basis and/or as
required by the Commission and which shall be directly accessible by users thru the MAREIS.
D. Protection and other assistance to the victims, their families and witnesses
15
Responsibility to facilitate protection and assistance
In all stages of the investigation and until the final disposition of the case, the CHR, in
coordination with appropriate agencies, shall ensure the security and protection of the
surviving victims and their families, as well as the witnesses.
As the circumstances require, the CHR shall, in coordination with appropriate agencies
or organizations, ensure that adequate security and protection measures are in place for the
surviving victims, the victim’s family, and the vital witnesses even after the final disposition of
their case by competent fora.
As the circumstances require, the CHR on its own, or with the assistance of lawyers
association or private law practitioner/s, shall provide the surviving victims, the victims’ families
and witnesses the necessary legal assistance, to include immediate access to special legal
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remedies, to ensure their protection from further violations or threats thereof from the
perpetrators/respondents.
The case investigator/s shall, therefore:
(1) ascertain the security situation of the victims, their families and witnesses;
(2) immediately inform and consult with the Regional Director and closely work in
coordination with CHR lawyer/s at the regional level for purposes of determining the necessity
for immediate courses of action, such as, assisting them in seeking immediate special legal
remedies for their protection; and
(3) whenever necessary, should seek the support/assistance of the Legal Division
or the Investigation Division for the prompt preparation of the required pleadings and other
appropriate documents, and/or appropriate legal representation.
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VI. APPLICATION OF CONCILIATION AND MEDIATION IN CERTAIN

HUMAN RIGHTS CASES OR ISSUES
The Commission on Human rights may consider the conciliation and mediation
mechanism as a first course of action and alternative means in handling cases involving civil,
political, economic, social and cultural rights, except those involving serious or most serious
human rights violations including but not limited to genocide, crimes against humanity,
massacre, extralegal killings, enforced disappearances, torture, child abuse, and domestic
violence; or those which carry the corresponding penalty of imprisonment of more than six (6)
months; or when the parties cannot agree to submit their case to mediation or conciliation
proceeding.
Upon initial contact with the client, or at any stage of the investigation proceedings on
a particular issue involving civil, political, economic, social or cultural rights, the CHR lawyer
or investigating officer shall determine whether the issue at hand can be considered for
conciliation or mediation proceedings80.
If it appears that the matter can be settled under a non-adversarial approach, the CHR
officer concerned should get the parties to talk individually on what they expect from their
complaint and ask them if they would like to go through a mediation or conciliation process.
Only when the parties so agree can the conciliation and mediation process apply, the same
shall proceed in accordance with Rule 12 of the Guidelines and Procedures in the Investigation
and Monitoring of Human Rights Violations and Abuses, and the Provisions of CHR
Assistance.
The participation in the conciliation or mediation process before the CHR shall be
limited to the following parties:
(a) Complainant or aggrieved party;

(b) Respondent or alleged perpetrator;
(c) The CHR investigator or lawyer, as may be designated by the Regional Director
of Regional Office where the dispute is pending; or the Director of the Field Operations Office,
the Director or lawyers of the Legal and Investigation Office if the dispute is brought to and/or
referred to any of said offices or Divisions in the Central Office by the Commission or any
Member thereof81.
Where there are complex human rights issues involved and/or there are numerous
complainants and/or respondents, at least two (2) CHR conciliators or mediators shall handle
the conciliation or mediation process.
The CHR conciliator or mediator shall:
80
Section 3, Rule 12.
81
Section 5, Rule 12.
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(a) Observe impartiality throughout the proceedings;
(b) Arrange meetings/conferences between the complainant or aggrieved party and the
respondent;
(c) Ensure that the parties are accorded equal and fair opportunity to be heard and/or to
present and explain their respective positions on the matter at issue;
(d) Treat both parties with all courtesy, respect and patience;
(e) Ensure that the settlement of the issues or mutual agreement, to include the matter of
compensation or award as a result of such settlement has been reached jointly through
the free and voluntary decision of all parties, and that the same is not contrary to law,
public order or policy82;
(f) Under no circumstances shall the CHR conciliators or mediators act in a coercive or
intimidating manner or appear to be such towards the parties or any of them. They
shall not allow themselves to be affected by hostile environment, subtle threats and/or
rumors;
(g) No private lawyer or public attorney shall appear and represent any party in any
conciliation or mediation proceedings, except when the lawyer himself/herself is a
party. However, a party is not precluded from consulting or seeking a lawyer’s advice
in the process83;
Once the parties have reached an amicable settlement, the CHR mediator or
conciliator shall assist the parties in the preparation of the document pertaining to their
agreement, which shall be in a language spoken and clearly understood by the parties, duly
signed by them. In case the parties or any of them do/does not know how to read and/or write,
the same shall be read and explained to them/him/her by the conciliator or mediator before
they/he/she shall affix their thumb mark thereon. It shall also be attested by the CHR
conciliator or mediator;
The matters discussed during the alternative dispute proceedings shall be treated in
confidentiality by the parties. The CHR conciliator or mediator shall likewise ensure that the
policy on confidentiality shall be observed by the parties;
The CHR conciliator or mediator who handled the conciliation or mediation

proceedings of any human rights issues/cases wherein no amicable settlement or compromise
agreement has been reached by the parties shall be disqualified to participate in any manner
in the investigation proper of said issues or cases.
All conciliation or mediation processes facilitated shall be reported to the Commission

by the respective offices or officers/investigators authorized to conduct such conciliation and
82
Section 6, Rule 12.
83
Section 7, Rule 12.
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mediation proceedings in certain human rights cases/issues. Because of the policy of

confidentiality, such reports shall be submitted on a monthly basis, which shall be separated
from other regular reports. However, for purposes of internal reporting requirements under the
MAREIS, cases resolved through ADR shall be entered as such into the system, without
necessarily violating the confidentiality policy.
Only CHR officers and investigators who have appropriate training on alternative
dispute resolutions shall handle cases submitted for conciliation or mediation.
In cases involving violence against women and their children where conciliation and
mediation is expressly prohibited by the law itself, the CHR mediators shall refrain from
pursuing with the alternative dispute resolution except in cases where the sole issue is child
support. But the ADR pertaining to support shall not in any way preclude the woman and/or
her child victim from later on pursuing a criminal action for physical or psychological abuse
under the Anti- Violence Against Women and their Children Act (RA 9262) or any related laws.
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VII. HUMAN RIGHTS CASES OF

SPECIAL CONCERNS
A. Handling Cases Involving Violations of Women’s Rights
Consistent with its mandate under the Constitution84 and as Gender Ombuds for Women85
in relation to international human rights instruments to which the Philippines is a State Party,
the CHR shall pursue the investigation of all forms of human rights violations against women,
including domestic violence.
As a rule, the regular investigation process involving human rights violations shall also
apply to the investigation and monitoring of women’s rights cases. But the CHR investigators
and lawyers must always take into account women’s vulnerability to abuses/violations, and
that they should never be subjected or exposed to revictimization in the course of the
investigation of their cases/complaints. Thus, CHR investigators and lawyers should observe
the following special guidelines in the handling of investigation of cases involving women,
including the conduct of interview of women who are victims of human rights violations or other
forms of abuse:
(a) Only CHR investigators, lawyers and other officers and personnel who have
appropriate training on women’s rights and in the handling of investigation involving women
shall be assigned to undertake the investigation of cases involving human rights violations and
abuses against women, to include domestic violence and sexual harassment cases;
(b) CHR officers, in the investigation and delivery of protection services to women
victims of human rights violations and other abuses, to include domestic violence, shall, at all
times, be sensitive to the needs, plight, and status of said victims, taking into account their
gender/sex and their traumatic experience/condition;
(c) The CHR officers and personnel concerned shall ensure that the investigation
and interview process shall not in any way expose the woman-victim to further trauma,
humiliation and suffering.
Further CHR investigators and lawyers are reminded to:
(d) be gender-sensitive in interviewing/ investigating women, taking into account the

sensibilities and the previous traumatic experience of the woman;
(e) ensure respect for the dignity of the woman-victim or the woman-suspect during
the course of the investigation;
84
1987 Constitution of the Philippines, Art. XIII, Section 18.
85
R.A. 9720, Section 39.
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(f) always avoid the use of vulgar language during the interview and should refrain
from exhibiting hostile attitudes towards women;
(g) ensure, as much as possible, that the interview of women-victims, especially
those who are victims of sexual abuse, be conducted by a female lawyer/investigator trained
to handle cases involving women;
(h) ensure that, in the course of the interview, he/she must listen very well to what
the woman-victim is saying during the interview; and observe what she does not say or
hesitates to open up as a possible sign of confusion, trauma, or shock;86 and be able to
determine the immediate need for referral of the woman-victim to professional counseling and
other support services, as the case may be;
(i) ensure that in cases of violence against women, he/she must at all times refrain
from any conduct or statement that has the effect or impact of blaming the woman for the
violence she has experienced; and
(j) ensure that the information gathered, including the case records and real identity
of the victim shall be treated with utmost confidentiality.
B. Handling Cases Involving Violations/Abuses Against Children
Rights of children are human rights. Hence, consistent with its Constitutional mandate,
in relation to pertinent international and domestic laws on the protection and promotion of the
rights of children, the CHR shall take cognizance of, investigate and monitor all forms of
violations and abuses against children, as well as track the human rights situation of children
in the country and of Filipino children in foreign lands; and ensure that the status, rights and
interests of children are upheld at all times.
Thus, in the handling of child rights cases, the CHR investigators and lawyers shall
ensure that the guiding principles set forth under the United Nations Convention on the Rights
of Children be respected and given paramount consideration: the best interest of the child;
non-discrimination; the right to life and development; and the right of the child to be heard and
to participate. They shall also observe the following special guidelines/procedures in the
investigation and interview of children-victims of human rights violations and other forms of
abuses:
(a) Only CHR investigators, lawyers and other officers and personnel who have
appropriate training on the rights of children and in the handling of investigation of cases
involving women and children shall be assigned to undertake the investigation of cases
involving human rights violations and abuses against children, to include cases of domestic
violence;
86
Women’s Legal Bureau. Protocol of Feminist Lawyers in Handling Cases of Violence Against Women and
their Children. 1998. page 6.
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(b) CHR officers involved in the investigation and delivery of protection services to
children who are victims of human rights violations and/or other forms of child abuse, to include
domestic violence, shall, at all times, be sensitive to the needs, plight, and status of said
victims, taking into account their tender age, evolving capacity, distress, traumatic experience,
and condition;
(c) CHR officers and personnel concerned shall ensure that investigation and
interview process shall not in any way expose child-victims to further distress, trauma,
psychological or emotional torture, humiliation and sufferings;
(d) In all such cases, the CHR investigating officer shall conduct an interview or take
the statement of any child in the presence of his/her father or mother, or guardian, or social
worker and/or any other support person. The CHR investigating officer should be mindful of
the dangers of multiple victimization if the child is compelled to tell and re-tell his or her side
of the story and must apply the standard of best interests of the child in all investigative and
monitoring processes to be undertaken;
(e) All interviews of children, whether he/she is a victim, a witness, or a child in

conflict with the law, shall be conducted in a child-friendly room or child-friendly environment
to ensure that the child can feel comfortable, secure and safe;
(f) Whenever appropriate, the CHR investigating officer can provide the child
anatomically-correct dolls, puppets, drawings or any other appropriate demonstrative device
to assist the child in telling his or her story;
(g) Before the interview shall be conducted, the investigating officer shall introduce
himself/herself properly to the child and inform the child and the child’s parent or guardian that
he/she is there to help;
(h) The questions to be asked and the manner of investigation shall be appropriate
to the age, the developmental level and evolving capacity of the child;
(i) The investigating officer must talk the child’s language, and avoid using technical
terms. If possible use the vernacular or the child’s dialect;
(j) The CHR investigating officer may seek the assistance of an interpreter whom
the child can understand and who understands the child. In case the child is a deaf-mute, the
services of an interpreter or expert in sign language clearly understood by the said child shall
be necessary;
(k) Under any situation, the investigating officer shall ensure the protection of the
right to privacy of the child. There should be privacy when interviewing a child to enable
him/her to be open so as not to hinder the ascertainment of truth;
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(l) Building rapport with the child may take time. Hence, it is very important for the
investigating officer to be patient with children. Never force the child to share when the latter
is not ready to participate in the process of investigation;
(m) The investigating officer shall respect the child’s personality; and therefore shall
treat the child as a person of worth and dignity;
(n) Treat the child with consideration. In no case should deceit, false promises,
intimidation, threat, or harsh treatment be employed against the child during the investigation
process; and
(o) In the CHR response continuum for the child-victim, any time during the
evaluation, investigation, resolution and monitoring stage, the CHR officer concerned handling
the case can refer the child to a specialized agency, institution or organization for a specific
and immediate intervention or service that the CHR cannot provide and if such referral be for
the best interest of the child.
In investigating and interviewing children in conflict with the law, the CHR
investigating officer handling the investigation or interview shall also observe the following
guidelines:
(a) The investigating officer, before conducting the interview of a child in conflict with
the law, shall also inform said child and his/her parents or guardian of the child’s right to remain
silent and to counsel, which shall be done in a language spoken and clearly understood by
the child and the parents or guardian;
(b) The presence of the child’s counsel or an assisting lawyer shall be required at all
stages of the interview of the child, if said child is a suspect in a case being investigated by
the CHR;
(c) The investigating officer shall reduce to writing the child’s statement;
(d) The child shall sign or thumbmark his/her statement, depending on his/her age
and level of mental ability. This shall be done in the presence of his/her parents or guardian
and/or his/her counsel or assisting lawyer; and
(e) The parent or guardian, or the social worker and the child’s counsel or assisting
lawyer shall also be required to sign the written statement of the child, which shall be sworn
to before any officer of the CHR authorized to administer oath.
The investigating officers handling child rights cases also have other duties, such as:
(f) To make the appropriate recommendations to the Commission concerning the

welfare of the child;
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(g) Marshal and coordinate the delivery of resources and other social services to the
child;
(h) To explain, in a language understood by the child, all legal proceedings, including
CHR and police investigations, in which the child is involved;
(i) To request additional examinations by medical or mental health professionals if

there is a compelling need therefore.
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VIII. INTERNAL REPORTING REQUIREMENTS
The Martus-Based Executive

Information System (MAREIS).
The Martus-Based Executive Information System (MAREIS) is a web-based scalable

management information system consisting of investigation, jail visitation, education and child
rights modules that monitor and capture the results of operations. MAREIS is envisioned to
become an instrument of cooperation with government and non-government organizations to
facilitate the flow of data and information about specific human rights violations and the human
rights situation throughout the country. Specifically, it is designed to:
(a) Provide the means to facilitate access by enabling the reporting and progression
of complaints filed with regional offices, allow NGOs and CSOs to report complaints online
and allow complainants to verify the status of complaints.
(b) Provide immediate specific, accurate, timely and complete information to quickly
respond to developments and apply corrective actions if necessary, such as:
i.) Delay in the resolution of a particular case, the agency or person causing
the delay and the cause/s of delay and problems encountered.
ii.) Immediate needs of inmates
iii.) Effective actions (best practices) of regional offices
iv.) Case statistics and trends
(c) Provide the tools to quickly react to developments threatening to derail

operations such as:
i.) Widening gap between targets and actual performance

ii.) Identified operational problems
iii.) Endangered priority projects
(d) Provide the storage to safeguard our documents and ensure quick retrieval for
reference purposes
i.) Legal documents

ii.) Medico-legal documents
iii.) Pictures
(e) Provide accurate, timely and complete information to understand past and
current states, and consequently predict the future to strengthen COMPREHENSIVE
MONITORING with respect to strategy, research, advocacy and policy dimensions:
i.) Drill-down reports

ii.) Drill-up reports
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iii.) Drill-through reports

iv.) Drill-across reports
v.) Patterns, correlations and associations such as the following fictitious
examples:
 40% of alleged military HR violators are enlisted personnel

 65% of soldiers without HR training committed HRVs; 30% of soldiers
with HR training committed HRVs
 For every annual 20% increase in HR training hours, HRVs decrease
by 15% the following year
 There is 80% probability that enlisted personnel who are aged 21-30
will commit HRVs
 Region I will have the highest number of HRVs next year, up by 30%
Thus, with the MAREIS system in place, there will be prompt and effective data
retrieval and analysis of human rights information on the basis of the inputs entered in the
system by the CHR Regional and other line offices, particularly in terms of investigation and
resolutions of human rights complaints and reports, the implementation of jail visitation
activities in relation to the conditions of persons deprived of liberty and the conditions of jail
and detention facilities. The corresponding modules on investigation, jail visitation and human
rights education and training have already been developed/programmed under the system.
MAREIS and the Investigation Services of the CHR
In line with the CHR investigation services, once the complaint or report of human
rights violation is received by the CHR or its regional office, the same shall immediately be
entered in the MAREIS system. The initial incident or case data shall be taken from the
Complaint Form (Form 9) filled up by the complainant/victim or his/her representatives or from
the human rights violations report received from other sources, i.e., media. The initial data to
be uploaded by the assigned investigator or lawyer shall include, among others, the CHR
Case Number as entered in the case docket/record of the regional office concerned; case title;
date of filing or receipt of report; place where the alleged violation happened or is taking place;
date of the incident; name/s of the complainant/s, victim/s, witness/es and respondent/s if
known. The classification of the human rights violation as borne by the initial data on hand
shall also be indicated and entered in the system, which may be subject to modification or
update as the investigation progresses or once the final findings shall have established the
specific human rights violation committed by the respondent/s or that no such violation
occurred as alleged in the complaint or report. In all instances, the proper use of keywords
shall be observed for each case. This will facilitate fast and efficient retrieval of HRV cases
and statistics.
In the course of the investigation of the case updates shall be regularly uploaded by
the investigator/lawyer on case, such as, the particular actions taken on the complaint or report
-- the conduct of investigation and/or public inquiry, coordination with and gathering of relevant
data/report from other investigating agencies, gathering of relevant information or report from
non-government organizations, coordination with other offices in relation to the provision of
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immediate protection measures to the victims, their family and vital witnesses; investigation
completed; final investigation report submitted; case for resolution. The pertinent reports, i.e.,
the evaluation report, final report and case resolution should be uploaded as attachments to
the reports created by the investigator/lawyer concerned. The applicable human rights norms,
standards and principles and the specific provisions of the international instruments and
domestic laws breached shall likewise be indicated.
Since the MAREIS system is web-based, the data on the human rights cases taken
cognizance by the CHR are entered on-line and may also be retrieved on-line. The
investigator/lawyer assigned to investigate the case and who initially entered the case in the
MAREIS may modify and/or update the information regarding the status and relevant facts of
the case as it progresses. Once the investigation is completed, the case files, including the
final report and other data and evidence gathered shall be transmitted to the legal unit of the
regional office which shall assign a lawyer to make the necessary case evaluation and writing
of the resolution. At this stage, the said lawyer shall be responsible in updating the status of
the case.
With the MAREIS, the internal reporting of the Commission is facilitated accurately,
promptly and efficiently, taking into consideration that the monitoring and/or tracking system
of the progress of investigations and cases resolved for endorsement to appropriate agencies
for the filing of the corresponding criminal and/or administrative charges have been enhanced
under the system. Hence, data retrieval and analysis can be timely expedited for purposes of
decision, action and policy consideration by the Commission en banc and/or recommendation
for appropriate legislative, administrative and judicial measures by the State. Also, the system
will soon pave the way for easy access by clients, partners, and the public, in general, to
information and updates on the cases handled by the CHR.
The case flowchart set forth below indicates and incorporates the MAREIS reporting
with the Case Activity Flowchart in Chapter IV.
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A. Case Activity Flowchart
INVESTIGATION and CASE MANAGEMENT PROCESS
Docket / record Initial Evaluation of the

complaint / reports; complaint / reports, Call parties for dialogue Planning for
Complaint or Report
Create Complaint report Create Evaluation / conference, if required Investigation
in MAREIS Report in MAREIS
Evaluation of Reports /
Review and Approval of Evidence, Preparation Investigation Reports Investigation or Fact
Notice of Resolution to Case Resolution; Enter of Case Resolution; (Investigators); Create Finding Proper, Create
Parties RO Decision in Create RO Draft Final Investigation Investigation Report in
MAREIS Resolution Report in Report in MAREIS MAREIS
MAREIS
Commission En Banc
Resolution on
Motion for Appealed; motu proprio Official transmittal of Case Monitoring; Enter
reviewed on RO the Resolution and
Reconsideration / Case Monitoring Report
Decision; Notice of Case Records to
Appeal Resolution to Parties, in MAREIS
appropriate fora
Create En Banc
Resolution in MAREIS
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APPENDICES
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Appendix “A”
Ethical Standards
Ethical Standards for CHR Investigators
The CHR investigator, being a holder of public office occupies a position vested with
public trust. As such he/she is bound by public duty and responsibility to discharge the
Commission’s investigative powers and functions in accordance with law and in observance
of the following code of conduct and ethical standards:
1. Adhere to the principle that respect for human rights and the dignity and worth of
the human person is the foundation of democracy, freedom, justice and peace.
2. Uphold, at all times, the Constitution of the Philippines and put loyalty to the
country above loyalty to persons and party.
3. Commit himself/herself to the democratic way of life and values, maintain the
principle of public accountability and manifest by deeds the supremacy of the civilian authority
over the military.
4. Uphold, all the times, the public interest over and above personal interest;
5. Discharge the function of his/her office with the highest degree of excellence,
professionalism, intelligence and skill, and with utmost devotion and dedication to duty at all
times, to the end of ascertaining the ideals of human rights advocacy.
6. Extend prompt, courteous, and efficient service to the Commission’s clientele.
7. Remain true to the people and all times act with justice and fairness.
8. Stand as an impartial pillar in the dispensation of his/her functions to seek redress

for the oppressed and help alleviate the conditions of the underprivileged as a matter of
commitment to the flag and the sovereign.
9. Inculcate in himself/herself the truism and principles required of human rights

advocates and lead others by example.
10. Assist in the preservation of respect for the strict adherence to the legal process
as a means of attaining and preserving truth, justice and equity.
11. Refrain from soliciting, demanding, receiving or accepting any gift, or

consideration, in cash or in kind, from any client of the Commission, particularly any party to
a controversy to which he/she is the investigator on case. Neither shall he/she perform such
prohibited acts on instruction or in behalf of an official or other employee of the Commission.
12. Refrain from doing acts contrary to law, good morals, good customs, public
policy, public order, public safety and public interest.
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Appendix “A”
Ethical Standards
13. Lead modest lives appropriate to his/her position and income, and shall not
indulge in extravagant or ostentatious display of wealth in any form.
14. Observe due process, be objective and open-minded in the dispensation of their
duties and responsibility in the process
15. Treat parties with all courtesy, respect and patience and shall under no
circumstances act in a coercive or intimidating manner or appear to be such towards the
parties and shall not allow themselves to be affected by hostile environment, subtle threats
and/or rumors.
16. Observe courtesy and professionalism, respect the views and opinions of others,
and must recognize the cultural sensitivities, as well as give utmost respect and empathy for
the victims.
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Appendix “A”
Ethical Standards
Ethical Standards for

Medico-Legal Officers
In all human rights cases being investigated by the CHR and where forensic and
medico-legal services have been requested and/or are required, CHR Medico-Legal Officers
and other officers and personnel involved in such investigation shall observe the necessary
proper protocols in the process, to include:
1. Seek and obtain informed and voluntary consent of the victim-survivor, the family
or next-of-kin of the victim prior to any medico-legal intervention.
2. Coordinate with other competent investigative bodies, law enforcement agencies

or units also handling the investigation of the same case.
3. Ensure that the CHR actions shall not in any way cause or result to obstruction
of justice.
4. Observe professionalism, uphold the integrity and independence of their Office

and the CHR as a national human rights institution.
5. Perform their duties as such, in conformance with their respective oaths of

profession, pertinent civil service laws, rules and regulations, and CHR office rules and
policies.
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Appendix “B”
Tips on Investigation Methods
and Techniques

and Techniques
1. When necessary, e.g. high profile and or complicated cases, the investigator
shall prepare an investigation plan. The investigation plan shall serve as his guide in the
conduct of his investigation and shall likewise provide for activities and the schedule to be
followed in the conduct of the investigation.
2. It is advisable to use a checklist on investigation before going on a field mission.

The checklist provides and lists all the activities to be undertaken by the investigator in the
course of his investigation and in accordance with his investigation plan.
3. The activities undertaken by the investigator as well as the information gathered

by him during the course of the investigation must be properly documented.
4. The investigator and the lawyer in charge of the case shall, at all times, observe
the rules on confidentiality of the Commission. This is to ensure the safety of the complainants,
the witnesses, their families and even the investigator/s involved.
5. In conducting an interview, the investigator shall at all times be courteous; he

shall introduce himself/herself and shall inform the interviewee of the purpose of the interview.
He shall then inform the interviewee of his/her rights under the laws, which are the following:
(a) To be informed of the nature of the complaint or report of human rights

violations against him/her;
(b) To be informed of the right to remain silent and to be assisted by counsel
preferably of his/her choice;
(c) Not to be compelled to be a witness against himself;
(d) Not to be subjected to force, violence, threat, intimidation, badgering, or any
other means which vitiates his/her free will; and
(e) To have an interpreter, whenever necessary.
6. The investigator shall at all times avoid revictimization. Duplication of interviews

must be avoided whenever possible and whenever a previous one has already been
exhaustively conducted. Additionally, the investigator must at all times take into account their
vulnerability and characteristics (Especially children and disabled persons, women in relation
to certain crimes, etc.).
7. In case the victim has already made his/her statement to other investigating
official or agency/ies, the CHR investigator should avoid needless and duplicitous interviews,
which serve no other purpose but to badger and harass the victim. In such case, the
investigator shall peruse the affidavits and documents previously executed and submitted by
the victim and should the same be sufficient, it shall be adopted in the investigation.
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Appendix “B”
and Techniques
8. The investigator, as part of the investigative process, shall assess the risk faced
by the victims and the witnesses. He shall then make the necessary recommendations to the
Regional Director and/or the Commission for the immediate provision of witness protection.
9. The investigator shall ensure the preservation of all the pieces of evidence
gathered. It shall likewise guarantee and observe the chain of custody in the gathering of
evidence.
10. It shall further be the duty of the investigator to list down and make an inventory
of all the pieces of evidence gathered during the investigation. He shall likewise cause the
chronological filing of the records of the case and for the observance of proper pagination from
the very first document to the end.
11. The investigator shall consult from time to time the lawyers from the legal division
to aid him in the preparation of his investigation reports.
12. In the conduct of his investigation, the investigator is further enjoined to bear in
mind the following standards:
Standards in Investigation:
(a) An Investigator must at all times remain neutral and objective. He must conduct
his investigation with impartiality and without bias. He must keep an open mind
and during the conduct of his interviews. He must, through his demeanor, assure
the parties that he is seeking facts and information, and not expressing his own
views or conclusions.
(b) An Investigator must always observe professionalism and objectivity in his work.
He must be an exemplar of competence in his field.
(c) An Investigator must be thorough in the conduct of his investigation. His

investigation must cover the basic statements covered by the complaint, the
statements of witnesses, and other matters, which may arise during the
investigation. He must be able to distinguish relevant facts and information, and
to identify the evidence required to support the facts.
(d) In his collection of evidence, the Investigator must: a) draft his investigation plan;
b) conduct mediation/conciliation when possible; c) conduct interviews of parties
and witnesses; d) gather documentary and object evidence; e) conduct further
investigation when necessary; f) draft his investigation reports.
(e) The Investigator, should, attempt to interview all of the witnesses identified.
Should it become impossible to interview a witness, the reason for such
impossibility should be reflected on the investigation report. Similarly, if people
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are reached, and yet declined the interview, the same should also be reflected in
the report.
Appendix “B”
and Techniques
(f) With respect to documentary evidence, the investigator must attempt to obtain
all documentary evidence necessary for the case. In case the documents
originate from government agencies, the investigator must see to it that they are
authenticated so as to make them prosecution ready.
(g) Investigators are expected to handle their files in chronological order, unless a
case has been classified as urgent and priority. In such case, said case/s should
be acted upon expeditiously.
Standards in Interviewing Witnesses
(a) The complainant should normally be interviewed first, with the Investigator
following the specific guidelines in interviewing women and children and others
with vulnerability. He should always be courteous and respectful.
(b) The Investigator must conduct a thorough review of the background/record of the
case. He should prepare before hand a list of the person/s to be interviewed and
the questions he will ask during the interview for him to be able to obtain the
needed information that will aid him in the investigation of the case.
(c) The investigator must listen carefully to the answers given in order for him to be
able to ask the appropriate follow-up question. He must likewise remain keen on
the details provided, particularly those which may provide information on further
evidence and/or witnesses relevant to the case.
(d) The Investigator must not be afraid to deviate from his set of prepared questions.
He must be flexible, and be able to modify his questions based on the answers
given.
(e) At the outset, the investigator must avoid leading questions, except when dealing
with child witnesses. A leading question, may however be asked when, after
several questions, the Investigator draws nothing from the answer given. In such
case, he may refresh the memory of the interviewee on a fact or reference given
earlier and ask him/her if he/she recalls the same. The Investigator, however,
cannot suggest the answer.
(f) Should circumstances require a follow-up interview to clarify matters and to

confront witnesses with documentary or object evidence, the Investigator should
pursue the same, however, he should be careful so as to avoid revictimization.
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Appendix “B”
and Techniques
(g) If in the course of investigation, and in the gathering of documentary and object
evidence, inconsistencies are revealed regarding witnesses’ or a parties’
statement, the Investigator should pursue and explore such inconsistencies. A
follow-up interview may be conducted for such purpose.
(h) The Investigator must always document his interview. He must record the place
and time of the interview and the identity of those present during the interview.
Additionally, upon taking the witness’ statement for purposes of recording the
same, it must once again be read to him/her for his affirmation and oath.
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Appendix “C”
Abuses on the rights of women
Abuses on the Rights of Women
Violations or abuses of the human rights of women shall include, but is not limited to:
(a) Arbitrary deprivation of life, liberty and property;
(b) Attack against honor and dignity;
(c) Discrimination on account of her sex or because she is a woman; on account of

gender and/or sexual orientation, Lesbophobia or homophobia;
(d) Discrimination and non-recognition of the right to equal treatment before the law;
(e) Discrimination and/or harassment in the workplace, training or education

environment;
(f) Discrimination on the right to access equal opportunities and assistance;
(g) Physical, emotional and/or psychological torture, cruelty and other forms of
maltreatment or degradation;
(h) Sexual abuse, slavery, prostitution and trafficking;
(i) Economic abuse;
(j) Slavery, forced labor, prostitution and trafficking;
(k) Pornography and abuse of women in media;
(l) Culture-bound practices harmful to women;
(m) Ritual abuse within religious cults;
(n) Medical Abuse;
(o) Abuse of women in internal refugee or relocation camps;
(p) Abuse of women in the custody of State authorities;
Deprivation of reproductive rights, and/or denial of access to information, services and

programs pertaining to reproductive rights.
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Appendix “D”
Abuses on the Rights of Children
Violations or abuses of human rights of children lists the following:
(a) Deprivation of life, liberty and property;
(b) Unlawful attack to dignity, honor, and reputation;
(c) Discrimination;
(d) Non-recognition of the rights to freedom of association and peaceful assembly; and
freedom of expression and to information;
(e) Non-recognition of the right to participation, to include the right to participate freely
in cultural life and in the arts;
(f) Non-recognition of the right to enjoy his/her own culture, to profess and practice
his/her own religion, or to use his/her own language;
(g) Non-recognition or disregard of the right to a decent standard of living appropriate to

the child’s physical, mental, spiritual, moral and social development;
(h) Non-recognition as a person before the law;
(i) Denial or non-recognition of the right to preserve his/her identity, to include right to
nationality, name, and family relations;
(j) Unlawful or arbitrary interference with the child’s privacy, family, home or
correspondence;
(k) Disregard or non-recognition of the right to rest and leisure;
(l) Disregard or non-recognition of the right to play and engage in recreational activities
appropriate to the age and condition of the child;
(m) Physical, psychological/emotional, and sexual abuses;
(n) Economic abuse;
(o) Neglect, and all forms of exploitation;
(p) Child pornography;
(q) Child labor;
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(r) Slavery, prostitution, and trafficking;
(s) Cruelty, maltreatment, and other forms of degradation of person;
(t) Corporal punishment;
(u) Violation of the right to education;
(v) Recruitment of children in the armed forces whether to take arms or to serve in the
auxiliary services of the armed groups;
(w) Attacks on schools, places of worship, hospitals, day-care centers or other child-
friendly spaces;
(x) Violation, disregard and/or non-recognition of the rights of children in conflict with
the law.
Violations against children affected by armed conflict:
(a) Kiilling or maiming of children;
(b) Recruitment or the use of children as soldiers or providers of auxiliary services;
(c) Rape or other grave sexual violence against children;
(d) Abduction of children;
(e) Attacks on schools, hospitals, places of worship, day- care centers or other
places of worship; and
(f) Denial of humanitarian access to children, to include attacks on members of

humanitarian and medical missions providing assistance to children affected by
armed conflict.
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Appendix “E”
CHR Form 9
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Appendix “E”
CHR Form 9
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Appendix “E”
CHR Form 9
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Appendix “F”
CHR Form 9a
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Appendix “F”
CHR Form 9a
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Appendix “F”
CHR Form 9a
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Appendix “F”
CHR Form 9a
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Appendix “G”
CHR Form 9b
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Appendix “G”
CHR Form 9b
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Appendix “G”
CHR Form 9b
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Appendix “H”
CHR Form 9c
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Appendix “H”
CHR Form 9c
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Appendix “H”
CHR Form 9c
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Appendix “I”
CHR Form 9d
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Appendix “I”
CHR Form 9d
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “J”
CHR Form 10
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Appendix “K”
Investigation Plan
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Appendix “K”
Investigation Plan
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Appendix “L”
Subpoena
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Appendix “M”
Subpoena Duces Tecum
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Appendix “N”
Notice of Mediation
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Appendix “O”
Notice of Dialogue
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Appendix “P”
Minutes of
Mediation Proceedings
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Appendix “Q”
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Appendix “Q”
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Appendix “Q”
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Appendix “R”
Template for Draft Resolution
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Appendix “R”
Template for Draft Resolution
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Appendix “S”
Template for Resolution
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Appendix “S”
Template for Resolution
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Appendix “T”
Notice of Resolution
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Appendix “U”
Notice of Order
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Appendix “V”
Transmittal
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DOCUMENT CONTROL

INVESTIGATION AND CASE Code: CHR-LO-ML-001

THE COMMISSION ON HUMAN RIGHTS

A. The CHR as an Independent Office and as the National Human Rights

The Commission on Human Rights is an independent constitutional body and is the

B. The Role of the CHR as a National Human Rights Institution

As an independent national human rights institution (NHRI) in the country, the

(2) Advocate of human rights principles serving both as watchdog of government

B.1. Effective Performance of the Role of an Independent NHRI

(1) Independence as a constitutional body that should be free from political

(2) Multidisciplinary approach of responding to grave human rights violations and

(3) Networking functions with various government agencies, bureaus, and

(4) Inter-agency collaboration with other governmental and non-governmental

C. The Commission En Banc

(4) Exercise visitorial powers over jails, prisons, or detention facilities;

(5) Establish a continuing program of research, education, and information to

(7) Monitor the Philippine Government’s compliance with international treaty

E. The Powers and Functions of the CHR under Special Laws

E.1. Republic Act No. 7610, as Amended by R.A. 7658

development;4 xxx to protect and rehabilitate children gravely threatened or endangered by

To ensure protection of children in situations of armed conflict, the law explicitly

(b) Immediate free legal assistance;

E.2. Republic Act No. 9262

E.3. Republic Act No. 9344

E.4. Republic Act No. 9372

E.5. Republic Act No. 9745

For purposes of monitoring compliance with this law, an Oversight Committee is

E.6. Republic Act No. 9851

Otherwise known as "The Philippine Act on Crimes Against International Humanitarian

E.7. Republic Act No. 9710

(d) Assist in the filing of cases against individuals, agencies, institutions, or

Upon CHR’s investigation finding that a department, agency or instrumentality of

A. Investigation and monitoring of human rights violations

It is necessary for the CHR investigators to clearly understand and familiarize

 Monitoring: refers to the process of systematically tracking activities of and actions by

B. CHR Organizational Structure in Relation to Investigation Services

B.1. Central Office

B.2. The CHR Organization at the Regional Level

Investigation Promotion and Administration and

B.3. CHR Regional Offices’ Territorial Responsibilities

REGION Regional Office Location Areas of Responsibility

Province of Aurora; Province of Bataan,

Province of Batangas, Batangas City Lipa

Province of Albay, Legaspi City, Tabaco

Biliran Province; Province of Eastern

Province of Basilan, Lamitan City;

Furthermore, once a regional office has taken cognizance of and assumed

Notwithstanding the delineated regional areas of responsibilities and the exceptions

II. THE ROLE OF THE CHR INVESTIGATORS

(a) have a sincere commitment to the cause of human rights;

(c) be well-versed on the aspect of investigation skills and techniques, as well as

(e) have the ability to communicate well, verbally and in writing;

III. INVESTIGATION and CASE MANAGEMENT PROCESS

A. Case Activity Flowchart

INVESTIGATION and CASE MANAGEMENT PROCESS

Call parties for

Proseso ng pag-iimbestiga Mga ebidensya na makakatulong

B. Case Management Process

Four (4) Originating Points of HR Cases for CHR Investigation

Complaint directly Sectoral conditions

Initial evaluation of complaints and reports

To determine CHR jurisdiction; area of responsibility of CHR Regional Office. — At this

For referral to appropriate agencies. — If upon preliminary evaluation it is apparent