Scope and Application of the CHR Clearance System
- Applies to officers and personnel of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Philippine Coast Guard, National Bureau of Investigation (NBI), Philippine Center for Transnational Crimes, Bureau of Corrections, Bureau of Jail Management and Penology, Bureau of Fire Protection.
- Extends to officers and employees of other government agencies (local and national).
- Also issued to private persons and other professionals seeking employment, training, scholarships locally or abroad.
Purpose and Context of the CHR Clearance
- Instituted to ensure no pending cases of human rights violations exist against applicants.
- Used for promotion, transfer, confirmation of appointment, attendance to training, scholarship, employment verification.
- Based on arrangements including a 1991 Memorandum for AFP promotions and a 1995 Presidential Memorandum Order No. 259 on human rights education and training.
Application Requirements and Data Verification
- Applicants must fully complete an official application form under oath, providing:
- Full name, maiden name for married females
- Residential address and office/business address
- Military-specific data: serial number, rank, official station, previous posts, human rights training records
- Police and law enforcement personnel to indicate badge or office ID number
- Government employees to provide office ID number
- Private sector applicants to indicate Social Security Number and professional license number if applicable
- Completion of human rights education/training/seminars
- Applications filed at the CHR Regional Office or the General Records and Archives Division (GRAD) of the CHR Central Office.
Records Verification and Processing Procedures
- Initial verification at the Regional Office by records personnel under supervision of Regional Director.
- Regional office may issue regional certification and forwards copy of application to Legal and Investigation Office.
- General records check and verification performed by Records Officer and Legal Division.
- Databank verification conducted by Information Systems Management Office.
Issuance of Clearance or Certification
- If no pending human rights complaints exist, a CHR Clearance is issued stating no pending cases.
- If the applicant is a respondent in a pending case, a Certification of Pending Case is issued detailing the violation, date, place, and case status.
- The certificate or clearance indicates whether applicant completed human rights education courses.
Fees, Official Marks, and Validity
- Application fee: PHP 100.00, subject to existing laws and regulations.
- Documentary stamp of PHP 15.00 affixed on the clearance or certification.
- Official seal of the Commission embossed on the document.
- Clearance or Certification is valid for six months for the stated purpose only.
- Renewal required for new or different purposes.
Documentation and Recordkeeping
- Each Clearance/Certification bears control number, official receipt number, and fee payment date.
- A Docket/Record Book is maintained at the General Records and Archives Division documenting all applications and issuances.
- Duplicate or certified copies and relevant documents are kept confidentially.
Integrity and Conduct Standards
- Equal and fair treatment guaranteed; no tolerance for personal follow-ups by CHR officials or personnel on behalf of applicants.
- Prohibition against soliciting, accepting any form of token or payment for clearance processing.
- Officials administering oaths must ensure applicant's personal appearance and shall not collect fees for oath administration.
- Duties of Records Officer related to processing cannot be delegated except under emergency or authorized conditions.
Approval and Signatories
- Final approval depends on applicant’s affiliation and work location:
- CHR Chairperson or Officer-in-Charge approves clearances for AFP personnel assigned in main headquarters and PNP personnel at Camp Crame.
- Commissioner-in-Charge or Assisting Commissioner approves clearances for personnel within their regional jurisdiction.
Processing Time and Effectivity
- Clearance or certification to be processed within five working days if filed at Central Office; seven days if filed at Regional Offices.
- The resolution took effect 15 days after approval, repealing previous CHR resolutions No. 2003-018 and No. 2005-097.
- The Commission Secretary tasked to publish and record the resolution and its implementing rules.