Column: ABOVE THE LAW

By: ATTY. AYIN DREAM D. APLASCA

The Heated Tiff

After a week of fuss and furious episode in the political arena, people can’t still
get over of what the President has said in his second SONA. Case in point is the desire of
the President to abolish the Commission on Human Rights (CHR). Some people asked:
“Do you really think that the President has the power to abolish the CHR?” Funny, but I
heard someone said: “Yes, only Duterte can do that.”

What are the reasons why he wanted to abolish the CHR? The President earlier
said he would abolish the agency for investigating alleged human rights abuses and
disapproving his war on drugs. According to Presidential Spokesperson Ernesto Abella,
the President was just simply expressing his frustrations regarding the apparent biases
of the Commission. But, really, can the President abolish the CHR?

The answer to the question is in the negative. No, the President has no power to
abolish the CHR. Why? I have nothing against the President. But what he said was
confusing to other people especially to those who are not expert in the field of law.

The CHR is a Constitutional Commission. It is a creation of the Constitution, not

of the President or any of the three branches of government. Section 17 of Article 13 of
the Constitution grants the CHR independence from any branch of the government. On
the other hand, Section 18 of the same article mandates it to investigate human rights
violations.

What does the Commission on Human Rights do?

Every government agency has the responsibility to protect the rights of the
people. However, once these agencies abuse and violate the rights of the people, the
CHR now comes into the picture to rescue against human rights violations.

The mandate of the agency is to be the watchdog against government abuses and
not to implement laws that would stop crime. The responsibility of the CHR is to protect
the rights of the people from abuse and violation by state agents. These state agents are
the government, police and the military.

The CHR can investigate into issues that involve vulnerable sectors of the society
as well as those which has connection with the International Humanitarian Law.
 The Commission may be critical against the sexist jokes and the war on drugs
happening in our country. It may cause heated tiff against the President. However, the
latter cannot just abolish it.

Abolishing the CHR will require an amendment of the 1987 Philippine

Constitution. The proposal of abolishing it should be taken in a constitutional reform
process. As what CHR Chairman said: “In other words, we shall cross the bridge when
we get there.”

Let’s see what can the President do. But for now, CHR stands still.