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Simon vs. Comm.

on Human Rights
G.R. No. 100150 January 05, 1994
Facts :
Petitioner Mayor Simon asks to prohibit CHR from further hearing and investigating
"demolition case" on vendors of North EDSA.
Constitutional Issue :
Whether the CHR is authorized to hear and decide on the "demolition case" and to impose a
fine for contempt.
Ruling :
Section 18, Article XIII, of the 1987 Constitution empowered the CHR to investigate all forms
of human rights violations involving civil and political rights. The demolition of stalls, sari-sari
stores and carenderia cannot fall within the compartment of "human rights violations involving
civil and political rights".
Human rights are the basic rights which inhere in man by virtue of his humanity and are the
same in all parts of the world.
Human rights include civil rights (right to life, liberty and property; freedom of speech, of the
press, of religion, academic freedom; rights of the accused to due process of law), political
rights (right to elect public officials, to be elected to public office, and to form political
associations and engage in politics), social rights (right to education, employment and social
Human rights are entitlements that inhere in the individual person from the sheer fact of his
humanity...Because they are inherent, human rights are not granted by the State but can only be
recognized and protected by it.
Human rights includes all the civil, political, economic, social and cultural rights defined in the
Universal Declaration of Human Rights.
Human rights are rights that pertain to man simply because he is human. They are part of his
natural birth, right, innate and inalienable.
CIVIL RIGHTS - are those that belong to every citizen and are not connected with the
organization or administration of the government.
POLITICAL RIGHTS - are rights to participate, directly or indirectly, in the establishment or
administration of the government.

CD Simon, Jr. vs. CHR

Topic: Personal Dignity and Human Rights (Sec. 11, 1987 Constitution)
G.R. No. 100150, January 5, 1994
On July 23, 1990, the Commission on Human Rights (CHR) issued and order, directing the
petitioners "to desist from demolishing the stalls and shanties at North EDSA pending the
resolution of the vendors/squatters complaint before the Commission" and ordering said
petitioners to appear before the CHR.

On September 10, 1990, petitioner filed a motion to dismiss questioning CHR's jurisdiction
and supplemental motion to dismiss was filed on September 18, 1990 stating that
Commissioners' authority should be understood as being confined only to the investigation of
violations of civil and political rights, and that "the rights allegedly violated in this case were
not civil and political rights, but their privilege to engage in business".
On March 1, 1991, the CHR issued and Order denying petitioners' motion and supplemental
motion to dismiss. And petitioners' motion for reconsideration was denied also in an Order,
dated April 25, 1991.
The Petitioner filed a a petition for prohibition, praying for a restraining order and preliminary
injunction. Petitioner also prayed to prohibit CHR from further hearing and investigating CHR
Case No. 90-1580, entitled "Ferno, et.al vs. Quimpo, et.al".
Is the issuance of an "order to desist" within the extent of the authority and power of the CRH?
No, the issuance of an "order to desist" is not within the extent of authority and power of the
CHR. Article XIII, Section 18(1), provides the power and functions of the CHR to "investigate,
on its own or on complaint by any part, all forms of human rights violation, involving civil and
political rights".
The "order to desist" however is not investigatory in character but an adjudicative power that
the it does not possess. The Constitutional provision directing the CHR to provide for
preventive measures and legal aid services to the underprivileged whose human rights have
been violated or need protection may not be construed to confer jurisdiction on the
Commission to issue an restraining order or writ of injunction, for it were the intention, the
Constitution would have expressly said so. Not being a court of justice, the CHR itself has no
jurisdiction to issue the writ, for a writ of preliminary injunction may only be issued by the
Judge in any court in which the action is pending or by a Justice of the CA or of the SC.
The writ prayed for the petition is granted. The CHR is hereby prohibited from further
proceeding with CHR Case No. 90-1580