FUNCTIONS

The Commission on Human Rights shall have the following powers and functions:

1. Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide for
preventive measures and legal aid services to the under-privileged whose human
rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families;

7. Monitor the Philippine Government's compliance with international treaty

obligations on human rights;
8. 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;
9. Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.

Overview

The Commission on Human Rights of the Philippines is an independent organization

aimed at promoting and ensuring the protection and respect of human rights in the
Philippines. As such, it has the competency to investigate alleged violations of human
rights by referral or based on its own discretion. This description will limit itself to
describing the procedure in case of a complaint being filed. The Commission does not
possess adjudicative power, but it has the right to make recommendations and resolve
conflicts through mediation and conciliation.

The Commission’s functions as described in the Constitution of the Philippines, is to,

among other things:

 Investigate all forms of human rights violations;

 Conduct fact-finding missions, visits and/or inspections of the site where the incidents
of human rights violations occurred or continue to be violated or threatened;
 Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad;
 Provide assistance to victims of human rights violations and their families;
 Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights
 Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families.
The full list of functions is available in the Guidelines and Procedures in the Investigation
and Monitoring of Human Rights Violations and Abuses, and the Provision of CHR
Assistance.
Who can access it?

Any concerned individual or group may file a complaint for human rights violations before
the Commission, particularly the victim, his / her relatives, non-government organizations
or any governmental or private entity. Anonymous complaints or complaints under a
fictitious name shall not be disregarded outright. If upon such initial evaluation or
verification or on the basis of the information or details provided in the anonymous
complaint, it appears to be meritorious or has some factual basis, the Commission shall
proceed to investigate the matter.
How does it work?

Complaints can be lodged about any and all human rights violations. A full list of protected
human rights can be found in the Philippines Bill of Rights.Complaints are required to be
made in writingand may be in the form of a letter, affadavit, question and answer
statement, pleading or similar form. Upon the filing of a written complaint, the complainant
shall be required to accomplish CHR Form 9 – Complaint Sheet and execute a sworn
statement, with the assistance of a duty investigator or legal officer. In cases of abuse of
children’s rights, the complainant shall also accomplish pertinent sections of “CHR Form
10 – Complaints Form for Child Rights Violations”.

Complaints can be submitted to the Commission, to the Barangay Human Rights Action
Center, through a Commissioner or any of the regional or sub-offices, nearest to the place
where the violation occurred or continues to exist.

After the complaint has been submitted, preliminary evaluation of the complaint is
performed to determine whether the matters fall within the jurisdiction of the Commission.
This evaluation may involve a field investigation or fact-finding mission.

At this stage, the Commission may opt to call upon the parties for a preliminary
conference to discuss immediate courses of action, protection remedies and/or possible
submission of the matter to an alternative dispute resolution whenever applicable.

If, following the preliminary evaluation, it is deemed that the case falls within the scope of
the Commission, an investigation follows. The CHR Regional Offices have the primary
duty to conduct such an investigation, with the Commission having the right to take over
the investigation. The investigation may involve conferences or dialogue with and
responses to the complaint from the parties involved. In the absence of such cooperation,
the investigation can also involve documents on record.

An investigation report will be compiled, including an investigation plan, an initial report,

progress reports, the legal basis for the investigation, profile of the victim and respondent,
the allegations, a list of witnesses, summary of evidence, all relevant data, specific
provisions violated, investigation and observation and a recommendation for resolution.

The final evaluation of the case and preparation of the resolution shall be made within 15
days from the submission of the final investigation report, together with all the evidence
gathered in the course of the investigation and/or dialogue. A final resolution is prepared
by a legal officer, subject to review and approval by the Regional Director. It consists of
the facts of the case, evidence, issues involved, a conclusion of whether there is a human
rights violation and of what provision as well as what the recommendations are.

The Office may provide alternative dispute resolution of cases through mediation and
conciliation. However, mediation and conciliation are not available in cases of serious
violations, such as child abuse, domestic violence, torture, or when the two parties do not
agree to submit their case to the process. In any other cases, the Commission may use
these measures as a first course of action before the initial investigation, or at any stage
of the investigation, upon the discretion of the investigating officer.

The Commission cannot review human rights violations and abuses that are pending in
court and are involving the same parties and the same issue.

All records of cases shall remain confidential until the resolution of the case shall have
become final.
Outcome

The Commission can issue recommendations (endorsement for the filing of an

appropriate legal or legislative action, or grant of financial assistance), reports,
declarations and advises. These are not legally binding for the companies. Press releases
by the Commission can be used to pressure the companies into complying with the
recommendations. It can also resort to mediation and conciliation.

If a case is solved through mediation or conciliation, a settlement or an agreement is put

into writing and signed by the parties, with the assistance of a mediator or conciliator.

The Assistance and Visitorial office can grant financial assistance to human rights
violation victims, community assistance, as well as rehabilitation assistance.
Monitoring and Enforcement

The Commission continues to monitor the submitted cases after their completion.
Recommendations can be referred to a Court in order to enforce them, and legislative
proposals can be made. If a settlement is reached through conciliation or mediation, the
parties can still bring their complaint to court, in case the terms of the agreement are not
complied with or the conditions therein not kept.
Appeal

Any party to a human rights case, or concerned citizen, or an organization representing

the party can, within 15 days of the publication, file a motion for reconsideration against
the final resolution. If the motion is denied, the party can contact the Commission and
appeal directly to it, within the same time frame from the publication of the resolution. If a
case is being resolved by a regional office, the appeal needs to be filed in that office or
directly to the Commission. The appeal may be in the form of a letter or a pleading,
submitted in 6 legible copies.