Guidelines for Investigators and Lawyers in Pursuing Complaints for Human Rights Violations

August 11, 1993

CHR RESOLUTION NO. A93-047

WHEREAS, the Commission on Human Rights on 19 July 1989 promulgated under Resolution CHR No. A89-109 its Revised Rules in the Conduct of Investigation/Hearing of Complaints for Violation of Human Rights;

WHEREAS, to strengthen the foregoing procedures and to clearly delineate the appropriate policies in the expeditious enforcement of the investigative powers mandated by the Constitution, there is a need to issue guidelines in the performance thereof;

NOW, THEREFORE, by virtue of its power to adopt its operational guidelines and rules of procedure, the Commission RESOLVED as it RESOLVES to direct all Investigators and Lawyers to observe the following in pursuing complaints for human rights violations: ScaATD

A. Objective of the Investigation. Every employee or officer of the Commission on Human Rights must conduct himself in such manner that both in dealing with his fellow employees as well as in dealing with the public his actuations will reflect a genuine desire to enhance human rights protection as mandated in the 1987 Constitution of the Philippines which provides as follows:

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(1) Investigate, on its own or on complaint by any party, all forms of human rights violations of civil and political rights.

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B. Investigation When Commenced. Human Rights investigation may be commenced upon complaint of an aggrieved party, upon report or referral by any interested party, upon referral by any government institution, agency or instrumentality, or at the Commission's own initiative. Commencement of the investigative process will be directed only by order of the Chairman or by any of the Commissioners of the Commission on Human Rights, or by directive of the Regional Officer or Regional Director. aEDCSI

C. Nature of Proceedings. All investigations conducted by any investigating body of the CHR shall be treated as confidential. No excerpt of the proceeding or extract from the same shall be divulged to any person other than the complainant himself, and no press statements about said investigation shall be released without authority of any of the Commissioners of CHR. The provisions of Sec. 17 of Resolution CHR No. A89-109-A are hereby amended and revised accordingly.

D. Conduct of Investigation. Wherever possible, all interviews with complainants will be recorded on tape, it being assumed that each investigation officer will be provided with a portable tape recorder. The tape will be appropriately labeled to facilitate retrieval from the central records office. The Investigator shall be required to take down notes of the proceedings about the significant points in the declaration of the witness. Such notes shall be written on ruled yellow legal pad with appropriate case number for ready identification and shall be kept as part of the official file of the case. Cross examination of witnesses will not be permitted but it is expected that the investigator will himself ask relevant clarificatory questions to determine the credibility of the witness. The taped record and the written personal notes taken by the investigator are vital records which should be kept in complete confidentiality. The taped record will not be transcribed except as may be directed by the head of the office. For purposes of making a resolution, the Investigator will rely on his own notes taken during the investigation. These tapes and notes taken during the investigation will be made available to the regular prosecutor to whom the case is ultimately endorsed for prosecution.

E. Field Investigations. Every Investigator who conducts field investigations shall always carry with him a tape recorder and he shall record relevant observations made by him during the investigation in addition to the oral testimonies heard by him as given by persons who have knowledge of the circumstances surrounding the matter under investigation. He will state for the record the place where the field interview or observation was made, including the date of commencement and date or time of termination of the field trip. Documents or statements received during the field investigation will be properly identified and the same shall be recorded on the tape before concluding the field investigations. The CHR Investigator shall prominently display his identification card to enable the community where the field investigation takes place to identify said investigator.

F. Custody of Tape Recorder. The tape recorder shall be under the custody of the records office of each regional field office and the Central Office of the Commission and will be receipted for by the Investigator when needed in any investigation. These tape recorders shall not be taken out of the CHR premises except upon authority of the head of the Service Chief and/or the Field Offices concerned. Loss of the tape recorder shall be charged against the person to whom it was issued.

G. Form of the Resolution. In a concise manner, the resolution shall summarize the proceedings starting from the initial referral and shall highlight the testimonies recorded by him. It shall state whether or not there is any reason to believe that a violation of human rights has occurred and to identify the person who committed the same. Normally, said resolution should not exceed one (1) sheet of typewritten 8 1/2" x 13" legal paper.

 To be considered the official decision of the Commission in each respective case, the resolution shall have the concurrence of the majority of the vote of the Chairman and Members of the Commission and only when the Chairman and Members have all affixed their customary signature to the final written resolution and have registered, when need be, their comments and/or dissent thereto.

H. Follow Up Responsibility. The responsibility of the Investigator is not deemed ended by the issuance of the resolution. It shall be the duty of the investigator to coordinate with the office or prosecutor to whom the matter has been referred to insure that said office is promptly attending to the prosecution of the referred matter and he shall monitor the court proceedings. He shall make periodic report of the monitoring conducted by him, with appropriate recommendation, always striving to have an early termination of the court proceedings.

The foregoing are policies adopted for strict and immediate implementation and any provision of Resolution CHR No. A89-109-A which provides for Revised Rules of the Commission on Human Rights in the Conduct of Investigation/Hearing of Complaints for Violation of Human Rights and inconsistent with what is herein adopted are hereby repealed or amended accordingly.

Done this 11th day of August 1993 in the Municipality of Pasig, Metro Manila.

(SGD.) SEDFREY A. ORDOÑEZChairman

On LeaveSAMUEL M. SORIANOCommissioner

(SGD.) HESIQUIO R. MALLILLINCommissioner

(SGD.) NARCISO C. MONTEIROCommissioner

(SGD.) PAULYNN PAREDES SICAMCommissioner

ATTESTED BY:

(SGD.) HOMERO MATTHEW P. RUSIANACommission Secretary