Adoption of CHR Circular No. 001, Series of 1988 Re: Human Rights Violations

July 26, 1988

CHR RESOLUTION NO. A88-045

WHEREAS, under Section 18 (1) Article XIII of the Constitution, this Commission is tasked and authorized to investigate —

"all forms of human rights violations involving civil and political rights"; HaDEIc

WHEREAS, this broad and seemingly unlimited investigative jurisdiction of the Commission has led to some confusion inasmuch as a considerable number of human rights violations — while they may, strictly and technically, be perhaps considered as included in the constitutional phrase "all forms" of human rights violations involving civil and political rights — considered merely of ordinary and non-violent violations of civil and political rights which could readily be attended to by the police authorities or find adequate and, perhaps, more expeditious remedies from a court of competent jurisdiction or from any other readily-available government agency or private legal aid organization; and

WHEREAS, in order that the Commission would not be unduly saddled with, and its resources channeled to, these "borderline" cases of alleged human rights violations, it is necessary to prescribe guidelines on the nature of the acts that may constitute clear or per se violations of human rights, on one hand, and should, therefore, be immediately given due course by CHR personnel concerned, and other cases of alleged human rights violations, on the other hand, which should first be referred to an evaluation committee in order to determine whether they should be given due course by the Commission, or be referred to another proper government agency, or be considered as not within the CHR jurisdiction.

NOW, THEREFORE, for the guidance of all concerned, the Commission hereby resolves to adopt, as it hereby adopts, the following —

CHR Circular No. 001, Series of 1988

I. For purposes of investigation or other appropriate action by the Commission, cases of alleged human rights violations may be classified into (1) HUMAN RIGHTS VIOLATIONS PER SE, and (2) OTHER CASES OF HUMAN RIGHTS VIOLATIONS.

I.1)  Human Rights Violations Per Se are those which are hereunder enumerated or are, by their very nature, easily and readily discernible as palpable transgressions of any of the basic rights of a human being as defined in the Universal Declaration of Human Rights and international covenants and treaties on human rights to which the Philippines is a signatory and should, therefore, be investigated or given due course by the Commission without unnecessary delay. STcADa

I.2) Other Human Rights Violations are those which are not included in the enumeration hereunder of human rights violations per se and which, although they may, strictly and technically, be considered as falling within the constitutional phrase "all forms of human rights violations involving civil and political rights", are, nonetheless, ordinary and non-violent violations of these rights which could find proper, adequate and, perhaps, more expeditious remedies before a court of competent jurisdiction and/or any proper forum. Upon their filing, these cases should, therefore, be referred to an evaluation committee, for said committee to determine and recommend whether such cases be given due course by the Commission, be referred to another proper agency of the Government or to any private legal aid organization, or be dropped outright.

II. HUMAN RIGHTS VIOLATIONS PER SE. — The following are hereby classified as human rights violations per se —

1) Deprivation of life, liberty or property without due process of law (Sec. 1, Art. XIII: Bill of Rights of the Constitution; and Art. 32, par. 6, New Civil Code), and of the right to shelter, especially of poor dwellers who may not be evicted, nor their dwellings demolished, except in accordance with law and in a just and humane manner (Sec. 10, Art. XIII of the Constitution);

2) Violation of the right to the equal protection of the laws (Sec. 1, Art. XIII: Bill of Rights of the Constitution; and Art. 32, par. 8, New Civil Code);

3) Violation of the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose (Sec. 2, Art. XIII: Bill of Rights of the Constitution; and Art. 32, par. 9, New Civil Code);

4) Commission of acts constituting illegal arrest and procurement or issuance of illegal search warrants (Sec. 2, Art. XIII: Bill of Rights of the Constitution; Art. 32, par. 4, New Civil Code; Arts. 124, 267, 268, and 269, Revised Penal Code);

5) Violation of the privacy of communication and correspondence (Sec. 3, Art. XIII: Bill of Rights of the Constitution; and Art. 32, par. 11, New Civil Code); CHEDAc

6) Violation of the freedoms of religion, of speech, and to write for the press or to maintain a periodical (Art. 32, pars. 1, 2, & 3, New Civil Code);

7) Violation of the right to take part in a peaceable assembly to petition the Government for redress of grievances, and the right to be free from involuntary servitude in any form (Art. 32, pars. 13 & 14, New Civil Code);

8) The use of torture, force, violence, threat, intimidation and other means that vitiate the free will of any person, or to do anything or to sign any document against his will (Sec. 12 (2), Art. III: Bill of Rights of the Constitution; Art. 32, par. 17, New Civil Code);

9) Holding a person in secret detention places, in solitary confinement or incommunicado, or other similar forms of detention (Sec. 12 (2), Art. III: Bill of Rights of the Constitution);

10) Employment of physical, psychological and degrading punishment against a prisoner or detainee;

11) Unexplained or forced disappearances and extralegal executions (salvagings);

12) Violation of the freedom of suffrage, and the liberty of abode and of changing the same (Art. 32, pars. 5, 9 & 10, New Civil Code);

13) Abridgement of the right of the employees to form/join labor unions, associations or societies for purposes not contrary to law (Sec. 8, Art. III: Bill of Rights of the Constitution; Art. 32, par. 12, New Civil Code);

14) Detention of a person solely by reason of his political beliefs and aspirations;

15) Imprisonment of a person for non-payment of debt;

16) Violation of the right of the people to information on matters of public concern (Sec. 7, Art. III: Bill of Rights of the Constitution); IEAHca

17) The taking of private property for public use without just compensation (Sec. 9, Art. XIII: Bill of Rights of the Constitution; and Art. 32, par. 7, New Civil Code);

18) Commission of any of the CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE as defined in Title Two of the Revised Penal Code:

a) Arbitrary detention (Art. 124);

b) Delay in the delivery of detained persons to the proper judicial authorities (Art. 125);

c) Delaying the release of prisoner (Art. 126);

d) Expulsion of any person from the Philippines or compelling such person to change his residence (Art. 127);

e) Violation of domicile (Art. 128);

f) Maliciously obtaining search warrant or abuse in the service of those legally obtained (Art. 129);

g) Searching domicile without witnesses (Art. 130);

h) Prohibition, interruption, and dissolution of peaceful meeting (Art. 131);

i) Interruption of religious worship (Art. 132); and

j) Offending the religious worship (Art. 133).

19) Commission of any of the CRIMES AGAINST PERSONS as defined under Section One, Chapter One, and Chapter Two, Title Eight of the Revised Penal Code:

a) Parricide, murder and homicide, whether consummated, frustrated or attempted (Art. 246 to 250; and

b) Physical injuries (Art. 262 to 266). TcHCDI

20) Commission of any of the CRIMES AGAINST PERSONAL LIBERTY AND SECURITY as defined in Sections One, Two and Three, Chapter One, and Chapter Two, Title Nine of the Revised Penal Code:

a) Kidnapping and illegal detention (Art. 267 & 268);

b) Unlawful arrest (Art. 269);

c) Kidnapping of minors (Arts. 270 & 271);

d) Slavery and servitude (Arts. 272 & 274);

e) Trespass to dwelling (Arts. 280 & 281);

f) Threats and coercion (Arts. 282 to 289).

21) Commission of any of the CRIMES AGAINST CHASTITY as defined in Chapters Two, Three and Four, Title Eleven of Revised Penal Code:

a) Rape and acts of lasciviousness (Art. 335 & 336);

b) Seduction, Corruption of Minors, and White Slave Trade (Art. 337 & 341); and

c) Forcible abduction (Art. 342).

22) The refusal or neglect by a public servant or employee, without just cause, to perform his official duty; and

23) Violation of the visitorial powers of attorneys under Republic Act 857.

III) OTHER HUMAN RIGHTS VIOLATIONS. — All cases of alleged human rights violations which are not included in the foregoing enumeration of human rights violations per se shall, upon their filing with the Commission, be first referred to an evaluation committee in order for that committee to determine whether they should be given due course by the Commission, or be referred to another proper agency or any private legal aid organization, or be considered as not within the CHR jurisdiction and dropped outright. Said evaluation committee must act on said cases with dispatch and should, as much as possible, act accordingly on said cases on the very day the same are brought to it for evaluation. aHECST

IV) Human rights violations cases must be investigated or acted upon accordingly as they are filed with, or taken cognizance of motu proprio by, the Commission, and with no unnecessary delay. However, considering that the government is the advocate of the principle of the Rule of Law, priority or preferential attention must be given to human rights violations cases where the probable respondent is a Government official, personnel or employee, or those which are committed under circumstances which arouse public outcry, condemnation or disgust.

APPROVED this 26th day of July, 1988, at Pasig, Metro Manila.

 

(SGD.) MARY CONCEPCION BAUTISTAChairman

On Study LeaveSAMUEL M. SORIANOCommissioner

(SGD.) ABELARDO L. APORTADERA, JR.Commissioner

 

(SGD.) HESIQUIO R. MALLILLINCommissioner

ATTESTED BY:

(SGD.) MA. FILOMENA L. ROSALESCommission Secretary