Creation and Guidelines of Commission on Human Rights

Constitutional basis and purpose

The 1987 Constitution creates an independent office called the Commission on Human Rights under Article XIII.
Executive Order No. 163 declares the Commission to be in existence now to give effect to the State policy that “the State values the dignity of every human person and guarantees full respect for human rights.”
Executive Order No. 163 provides composition, eligibility, term, appointment, compensation parity, and operational guidelines to make the constitutional commission functional.

Commission on Human Rights: composition

The Commission on Human Rights is composed of a Chairman and four Members under Section 2(a).
The Chairman and Members must be natural-born citizens of the Philippines under Section 2(a).
The Chairman and Members must be at least thirty five years of age at the time of appointment under Section 2(a).
The Chairman and Members must not have been candidates for any elective position in the elections immediately preceding their appointment under Section 2(a).
A majority of the Commission’s members must be members of the Philippine Bar under Section 2(a).

Eligibility, conflicts, and appointment terms

The Chairman and Members must not, during their tenure, hold any other office or employment under Section 2(b).
The Chairman and Members must not engage in the practice of any profession during their tenure under Section 2(b).
The Chairman and Members must not engage in the active management or control of any business affected by the functions of their office under Section 2(b).
The Chairman and Members must not be financially interested, directly or indirectly, in any contract with, or any franchise or privilege granted by the government (including its subdivisions, agencies, instrumentalities, and government-owned or controlled corporations or their subsidiaries) under Section 2(b).

Tenure and compensation rules

The Chairman and Members are appointed by the President for a term of seven years without reappointment under Section 2(c).
Appointment to any vacancy is only for the unexpired term of the predecessor under Section 2(c).
The Chairman and Members receive the same salary as the Chairman and Members, respectively, of the Constitutional Commissions under Section 2(d).
The salary for the Commission’s Chairman and Members shall not be decreased during their term of office under Section 2(d).

Core powers and functions

The Commission must investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights under Section 3(1).
The Commission must adopt operational guidelines and rules of procedure, and it may cite for contempt for violations of those rules “in accordance with the Rules of Court” under Section 3(2).
The Commission must provide appropriate legal measures for the protection of human rights of all persons within the Philippines and Filipinos residing abroad under Section 3(3).
The Commission must provide preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection under Section 3(3).
The Commission must exercise visitation powers over jails, prisons, or detention facilities under Section 3(4).
The Commission must establish a continuing program of research, education, and information to enhance respect for the primacy of human rights under Section 3(5).
The Commission must recommend to Congress effective measures to promote human rights and to provide for compensation to victims of human rights violations, or their families under Section 3(6).
The Commission must monitor the Philippine Government’s compliance with international treaty obligations on human rights under Section 3(7).
The Commission may 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 under Section 3(8).
The Commission must be able to request the assistance of any department, bureau, office, or agency to perform its functions under Section 3(9).
The Commission must appoint its officers and employees in accordance with law under Section 3(10).
The Commission must perform other duties and functions provided by law under Section 3(11).

Investigation-related assistance and records

The Commission may compel the production of necessary information in investigations by granting immunity from prosecution to qualified witnesses and evidence custodians as provided in Section 3(8).
The Commission’s investigative mandate may be carried out on its own or on complaint by any party under Section 3(1).
The Commission may require administrative cooperation by requesting assistance from government entities under Section 3(9).

Abolition of prior human rights committee

The Presidential Committee on Human Rights, created under Executive Order No. 8 dated March 18, 1986 (as modified), is abolished under Section 4.
The Commission on Human Rights must exercise the functions and powers of the Presidential Committee on Human Rights under Executive Order No. 8 (as modified) that are not inconsistent with the 1987 Constitution and the Executive Order under Section 4.
The Commission must receive the unexpended appropriations of the Presidential Committee on Human Rights under Section 4.
All properties, records, equipment, buildings, facilities, and other assets of the Presidential Committee on Human Rights must be transferred to the Commission under Section 4.
The Commission may retain personnel of the Presidential Committee on Human Rights as may be necessary under Section 4.
Public officers or employees separated as a result of the abolition of the Presidential Committee under Section 4 must receive the benefits they may be entitled to under existing laws, rules, and regulations.

Funding, release of appropriations, and repeal

The Commission’s approved annual appropriations must be automatically and regularly released under Section 5.
All laws, orders, issuances, rules, and regulations, or parts thereof, that are inconsistent with Executive Order No. 163 are repealed or modified accordingly under Section 6.