The Commission originated from the Presidential Committee on Human Rights established in 1986 by President Corazon Aquino, which

was chaired by former Senator Jose Diokno and former Supreme Court Associate Justice J.B.L. Reyes. A separate Commission on Human Rights was established upon the promulgation of the 1987 Constitution.

SECTION 17
1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and Four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.

Former Positions: Chair Emeritus, AKBAYAN Citizens Action Party Co-chair, Philippine Coalition for the International Criminal Court President, Institute for Political and Electoral Reform (IPER) Chair, Claimants 1081 Chair, First Quarter Storm Foundation Honorary Chair, TEACHERS, Inc. Vice-President, Freedom from Debt Coalition (FDC) Current Member, Philippine Working Group, ASEAN Human Rights Mechanism Council Member, The Asian Federation Against Involuntary Disappearances (AFAD) Current Senior Advisor, ASEAN Inter-Parliamentarians Myanmar Caucus (AIPMC) Education: Bachelor of Science, Foreign Service, University of the Philippines; Master of Arts, Asian Studies, University of the Philippines

Previous Occupations: Deputy Minister, Office of the President of the Philippines Executive Director, Presidential Human Rights Committee (February 2007 May 2008) Adviser, Philippine Mission to the United Nations, New York (2005-2007) Deputy to the Chairman, Global Conference on Building a Sustainable Peace Columnist, Manila Times (2006) Project Consultant, Philippine Commission on Human Rights (2002) Education: Masters in International Affairs, School of International and Public Affairs, Columbia University (2005) Executive MBA, Golden Gate University (1998) Bachelor of Laws, University of the Philippines College of Law (1993) Bachelor of Arts in Political Science, University of the Philippines (1986)

Work Experience: Disbursing Officer (1968-1972), Champion Feed Mills, Incorporated Purchasing Officer (1972-1974), Manila Veneer and Plywood Corporation Executive officer (1972-1977), Super Island Timber Development Corporation Vice-President for Legal affairs (1978-1982), World Marine and Development Corporation Education Elementary : University of Santo Tomas High school : University of Santo Tomas College : Bachelor of Arts in Political Science, University of Santo Tomas Bachelor of Laws : University of Santo Tomas , Passed the Philippine Bar Examination of November 1977

The last member of the 4th Commission appointed BA Political Science - Mindanao State UniversityIligan Institute of Technology

Law Degree - University of the East, College of Law .

Masters in National Security Administration (MNSA) - National Defense College of the Philippines . Former Parole Officer of the Board of Pardons of the Department of Justice, until his transfer to the CHR in 1990, and rose from the ranks: Legal Officer; Senior Legal Officer; Officer in charge of CHR Sub-Office and eventually CHR Regional Director for Western Mindanao for 16 years.

Appointed as a Commissioner of the Commission on Human Rights of the Philippines on June 5, 2008.
Former Executive Director of the Juvenile Justice and Welfare Council and the Humanitarian Legal Assistance Foundation, both bodies which protect and promote the rights of persons in detention, with special focus on children in conflict with the law. Part-time lecturer at the Ateneo de Manila University School of Law. Juris Doctor - Ateneo de Manila University School of Law in 1998. Master of Laws in Human Rights - Queen Mary, University of London in 2002 as a British Chevening Scholar.

SECTION 17

The approved annual appropriations of the Commission shall be automatically and regularly released.
4.

Is the CHR a Constitutional Commission?

Article IX, 1987 Constitution states in no uncertain terms that only the CSC, the Commission on Elections, and the Commission on Audit shall be tagged as Constitutional Commissions with the appurtenant right to fiscal autonomy. Thus: Sec. 1. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. Sec. 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

Administrative Code, in Chapter 5, Sections 24 and 26 of Book II on Distribution of Powers of Government, the constitutional commissions shall include only the Civil Service Commission, the Commission on Elections, and the Commission on Audit, which are granted independence and fiscal autonomy. In contrast, Chapter 5, Section 29 thereof, is silent on the grant of similar powers to the other bodies including the CHR. Thus: SEC. 24. Constitutional Commissions. The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. SEC. 26. Fiscal Autonomy. The Constitutional Commissions shall enjoy fiscal autonomy. The approved annual appropriations shall be automatically and regularly released. SEC. 29. Other Bodies. There shall be in accordance with the Constitution, an Office of the Ombudsman, a Commission on Human Rights, and independent central monetary authority, and a national police commission. Likewise, as provided in the Constitution, Congress may establish an independent economic and planning agency.

From the 1987 Constitution and the Administrative Code, it is abundantly clear that the CHR is not among the class of Constitutional Commissions.

Nor is there any legal basis to support the contention that the CHR enjoys fiscal autonomy. In essence, fiscal autonomy entails freedom from outside control and limitations, other than those provided by law. It is the freedom to allocate and utilize funds granted by law, in accordance with law, and pursuant to the wisdom and dispatch its needs may require from time to time.

All told, the CHR, although admittedly a constitutional creation is, nonetheless, not included in the genus of offices accorded fiscal autonomy by constitutional or legislative fiat.

SECTION 18
The Commission on Human Rights shall have the following powers and functions: 1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights; 2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; 3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged 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

6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on human rights; 8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; 9. Request the assistance of any department, bureau, office, or agency in the performance of its functions; 10.Appoint its officers and employees in accordance with law; and 11.Perform such other duties and functions as may be provided by law.

SECTION 19.
The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.

INVESTIGATIVE FUNCTION:
Under Section 18, Article XIII of the Philippine Constitution, the Commission is empowered to investigate all forms of human rights violations involving civil and political rights, adopt rules of procedure and issue contempt citations, provide appropriate legal measures for the protection of human rights of all persons within the Philippines, and several other powers in relation to the protection of human rights. The Supreme Court of the Philippines, in Cario v. Commission on Human Rights, 204 SCRA 483 (1991), declared that the Commission did not possess the power of adjudication, and emphasized that its functions were primarily investigatory.

FACTS:
Some 800 public school teachers undertook mass concerted actions
The Secretary of Education served them with an order to return to work within 24 hours or face dismissal. For failure to heed the return-to-work order, eight teachers at the Ramon Magsaysay High School were administratively charged, preventively suspended for 90 days and temporarily replaced.

FACTS:
Dismissal from the service of Esber and the suspension for 9 months of Babaran, Budoy and del Castillo. Case was filed with RTC, raising the issue of violation of the right of the striking teachers to due process of law. The case was eventually elevated to SC.
Respondent teachers submitted sworn statements to CHR to complain that while they were participating in peaceful mass actions, they suddenly learned of their replacement as teachers, allegedly

FACTS:
SC promulgated its resolution over the cases filed

with it earlier, upholding the Sec. Carinos act of issuing the return-to-work orders.

CHR continued hearing its case and held that the striking teachers were denied due process of law;they should not have been replaced without a chance to reply to the administrative charges; there had been violation of their civil and political rights which the Commission is empowered to investigate.

ISSUE:
WON CHR has JURISDICTION to try and hear the issues involved.

HELD:
SC declared that CHR to have no such power; and

that it was not meant by the fundamental law to be another court or quasi-judicial agency. The most that may be conceded to CHR in the way of adjudicative power is that it may investigate, i.e., receive evidence and make findings of fact as regards claimed human rights violations.

POWER TO INVESTIGATE
The Constitution clearly and categorically grants to the Commission the power to investigate all forms of human rights violations involving civil and political rights. It can exercise that power on its own initiative or on complaint of any person.

POWER TO INVESTIGATE
But it cannot try and decide cases (or hear and determine causes) as courts of justice, or even quasi-judicial bodies do. To investigate is not to adjudicate or adjudge.

WHO HAS POWER TO ADJUDICATE ?

These are matters within the original jurisdiction of the Sec. of Education, being within the scope of the disciplinary powers granted to him under the Civil Service Law, and also, within the appellate jurisdiction of the CSC.

Art. XVI, Section 6, 1987 Constitution The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

The National Police Commission is the agency mandated by the 1987 Constitution and the Major Police Reform Laws, Republic Act Nos. 6975 and 8551 to administer and control the Philippine National Police. Under R.A. 8551, otherwise known as the "PNP REFORM AND ORGANIZATION ACT OF 1988" the Commission gained the powers to investigate police anomalies and irregularities, administer police entrance and promotional examination and summarily dismiss erring police officers.

Commission Proper

The Napolcom as a collegial body is composed of an ex-officio chairperson, four (4) regular Commissioners, and the Chief, PNP as ex-officio member, one of whom is designated by the President as the vice-chairperson. The DILG Secretary is the exofficio chairperson, while the vice-chairperson is the executive officer of the Commission.
The ex-officio chairperson and four (4) Commissioners constitute the Commission Proper which serves as the governing body thereof.

Disciplinary Appellate Board The Commission has a formal administrative disciplinary appellate machinery consisting of the National Appellate Board (NAB), and the Regional Appellate Boards (RABs).

National Appellate Board Decides cases on appeal from decisions rendered by the Director General of the Philippine National Police (PNP), where the penalty imposed is demotion in rank or dismissal from service.

Regional Appellate Boards a. Decide/resolve with finality all cases on appeal from decisions of the PLEBs and PNP Regional Directors when the penalty is forced resignation, demotion in rank or dismissal and those of Mayors in cases falling within their respective jurisdictions. b. Decide appeals from decisions of the Regional Directors on claims for police benefits.

Commission Proper The Napolcom as a collegial body is composed of an ex-officio chairperson, four (4) regular Commissioners, and the Chief, PNP as ex-officio member, one of whom is designated by the President as the vicechairperson. The DILG Secretary is the exofficio chairperson, while the vicechairperson is the executive officer of the Commission. The ex-officio chairperson and four (4) Commissioners constitute the Commission Proper which serves as the governing body thereof.

COMMISSION PROPER

NAME

Chairman

MANUEL A. ROXAS II

Vice Chairman and Executive Officer

EDUARDO U. ESCUETA

Commissioner

ALEJANDRO S. URRO

Commissioner

CONSTANCIA P. DE GUZMAN, Ph.D

Commissioner

LUISITO T. PALMERA

Ex-Officio Commissioner

ALAN LA MADRID PURISIMA

A.

Exercise administrative control and operational supervision over the Philippine National Police (PNP) which shall mean the power to:

1. Develop policies and promulgate a police manual prescribing rules and regulations for efficient organization, administration, and operation, including criteria for manpower allocation distribution and deployment, recruitment, selection, promotion, and retirement of personnel and the conduct of qualifying entrance and promotional examinations for uniformed members;

2. Examine and audit, and thereafter establish standards for such purposes on a continuing basis, the performance, activities, and facilities of all police agencies throughout the country; 3. Establish a system of uniform crime reporting; 4. Conduct an annual self-report surveys and compile statistical data for accurate assessment of the crime situation and the proper evaluation of the efficiency and effectiveness of all police units in the country.

5. Approve or modify plans and programs on education and training, logistical requirements, communications, records, information systems, crime laboratory, crime prevention and crime reporting; 6. Affirm, reverse or modify, through the National Appellate Board, personnel administrative actions involving the demotion or dismissal from the service imposed upon members of the Philippine National Police by the Chief of the Philippine National Police;

7. Exercise appellate jurisdiction through the Regional Appellate Boards, over administrative cases against policemen and over decisions on claims for police benefits; 8. Prescribe minimum standards for arms, equipment, and uniforms and, after consultation with the Philippine Heraldry Commission, for insignia of ranks, awards, medals of honor;

9. Issue subpoena and subpoena duces tecum in matters pertaining to the discharge of its own powers and duties, and designate who among its personnel can issue processes and administer oaths in connection therewith; 10. Inspect and assess the compliance of the PNP on the established criteria for manpower allocation, distribution and deployment and their impact on the community and the crime situation, and thereafter formulate appropriate guidelines for maximization of resources and effective utilization of the PNP personnel;

11. Monitor the performance of the local chief executives as deputies of the Commission; and
12. Monitor and investigate police anomalies and irregularities.

B.

Advise the President on all matters involving police functions and administration; Render to the President and to Congress an annual report of its activities and accomplishments during the thirty (30) days after the end of the calendar year, which shall include an appraisal of the conditions obtaining in the organization and administration of police agencies in the municipalities, cities and provinces throughout the country, and recommendations for appropriate remedial legislations;

C.

D.

Recommend to the President, through the Secretary, within sixty (60) days before the commencement of each calendar year, a crime prevention program; and Perform such other functions necessary to carry out the provisions of R.A. 6975, as amended, other existing laws and Presidential issuances, and as the President may direct.

E.