Benigno M. Valenzuela Jr.

Simon vs. CHR G.R. No. 100150 January 5, 1994

Facts:
The Office of the City Mayor of Quezon City under the then mayor Brigido Simon, issued a
demolition notice dated 9 July 1990 to the members of the North EDSA Vendors Association,
Incorporated.
On 12 July 1990, the vendors, led by their president, filed a letter-complaint with the CHR
against the petitioners, asking the CHR Chairman for a letter to be addressed to the Mayor of
Quezon City to stop the demolition of the private respondents' stalls, sari-sari stores, and
carinderia along North EDSA (CHR Case No. 90-1580).
On the basis of the sworn statements, CHR's own ocular inspection, and convinced that on 28
July 1990 the petitioners carried out the demolition, the CHR, in its resolution of 1 August 1990,
ordered the disbursement of financial assistance of not more than P200,000.00 in favor of the
private respondents to purchase light housing materials and food under the Commission's
supervision and again directed the petitioners to "desist from further demolition, with the
warning that violation of said order would lead to a citation for contempt and arrest."
The CHR dismissed the petitioners motion to dismiss and motion for reconsideration.
Issue:
Whether or not CHR has jurisdiction:
a)
to investigate the alleged violations of the "business rights" of the private respondents
whose stalls were demolished by the petitioners at the instance and authority given by the Mayor
of Quezon City;
b)
to impose the fine of P500.00 each on the petitioners; and
c)
to disburse the amount of P200,000.00 as financial aid to the vendors affected by the
demolition.
Resolution:
The court ruled that the CHR was not given quasi-judicial powers by the constitution. It only has
the power to investigate - receive evidence and make findings of fact as regards claimed human
rights violations involving civil and political rights but not the authority of applying the law to
those factual conclusions to the end that the controversy may be decided or determined
authoritatively, finally and definitively.
On the extent of CHR's investigative power: "investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil and political rights", it has the power
to cite contempt but that power to cite for contempt, however, should be understood to apply
only to violations of its adopted operational guidelines and rules of procedure essential to carry
out its investigatorial powers. The Commission does have legal standing to indorse, for
appropriate action, its findings and recommendations to any appropriate agency of government.

Petition is GRANTED. The CHR is hereby prohibited from further proceeding with Case No.
90-1580 and from implementing the P500.00 fine for contempt. The temporary restraining order
heretofore issued by this Court is made permanent.

Rome Statute
The Rome Statute of the International Criminal Court (often referred to as the International
Criminal Court Statute or the Rome Statute) is the treaty that established the International
Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it
entered into force on 1 July 2002. As of March 2016, 124 states are party to the statute. Among
other things, the statute establishes the court's functions, jurisdiction and structure.
The Rome Statute established four core international crimes: genocide, crimes against humanity,
war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of
limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core
international crimes in situations where states are "unable" or "unwilling" to do so themselves.
The court has jurisdiction over crimes only if they are committed in the territory of a state party
or if they are committed by a national of a state party; an exception to this rule is that the ICC
may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations
Security Council.
Genocide - "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial
or religious group"
Crimes against humanity - certain acts that are deliberately committed as part of a widespread or
systematic attack directed against any civilian population or an identifiable part of a population
crimes against humanity can be committed during peace or war. They are not isolated or sporadic
events, but are part either of a government policy (although the perpetrators need not identify
themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a
government or a de facto authority. Murder, massacres, dehumanization, extermination, human
experimentation, extrajudicial punishments, death squads, forced disappearances, military use of
children, kidnappings, unjust imprisonment, slavery, cannibalism, torture, rape, and political or
racial repression may reach the threshold of crimes against humanity if they are part of a
widespread or systematic practice.
A war crime - an act that constitutes a serious violation of the law of war that gives rise to
individual criminal responsibility. Examples of war crimes include intentionally killing civilians
or prisoners, torture, destroying civilian property, taking hostages, perfidy, rape, using child
soldiers, pillaging, declaring that no quarter will be given, and using weapons that cause
superfluous injury or unnecessary suffering.
The Crime of Aggression - the crime of planning, initiation or execution of an act of aggression
by a person in a position to exercise control over the political or military action of a State where
the character, gravity and scale of such an act of aggression constitutes a manifest violation of
the Charter of the United Nations.[1] An act of aggression is the use of armed force by a State

against the sovereignty, territorial integrity or political independence of another State, or in any
other manner inconsistent with the Charter of the United Nations. Acts of aggression include
invasion, military occupation, annexation by the use of force, bombardment, and military
blockade of ports.