Thursday, September 20, 2007
Bill - Hon. Clarence G. Salazar
Republic of the Philippines
Youth Congress
Third Regular Session
HOUSE BILL NO. 023
Introduced by Honorable Clarence G. Salazar
EXPLANATORY NOTE
This bill was filed as House Bill No. 023, with the following explanatory note:
The Constitution mandates that “the State values the dignity of every human being and guarantees full respect for human rights.” (Sec. 11, Art. II, Philippine Constitution)
Thus “the Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic and political inequalities and remove cultural inequalities by equitably diffusing wealth and political power for the common good.” (Sec. 1, Art. XIII, Philippine Constitution)
After the ratification of the 1987 Constitution, Executive Order No. 8 or otherwise known as the Presidential Committee on Human Rights dated March 18, 1986 was abolished and the Commission on Human Rights, under Executive Order No. 163, dated May 5, 1987 as provided under the Article XIII of the 1987 Constitution was declared to be in existence.
The Commission on Human rights shall exercise such functions and powers of the Presidential Committee on Human Rights under Executive Order No, 8, as modified and with accordance to the provisions of the 1987 Constitution.
Commission on Human Rights is restricted by the Constitution to preventive measures only such as initiating applications in court for judicial writs and orders, conduct investigation and receive evidence of violations of human rights.
Therefore, the power of the Commission on Human Rights is limited only to investigative and advocacy. Their only function is to strengthen investigation on the reported cases of human rights violations, prescribed legal measures to those whose human rights were violated and monitor the actions taken by the government and advice the Congress on what effective measures will further promote human rights.
This limited power resulted to its low conviction rate mainly because of its failure to prosecute reported cases of human rights violations.
As the state policy to secure, protect and guarantee the dignity of its citizens and to ensure the fulfillment of the citizen’s human rights, this bill seeks to grant prosecutorial power on the Commission on Human Rights in the exercise of its jurisdiction and in addition to its investigative powers.
Under this bill, the Commission on Human Rights will have the primary original and exclusive jurisdiction to determine, investigate human rights cases. Among these human rights cases are those tantamount to summary of extra-judicial executions, or enforced disappearances.
House Bill No. 023, having its original jurisdiction, the Commission on Human Rights will be equip with a significant power that will effectively advanced the promotion of respect, security and protection of the citizen’s human rights.
This Bill was filed with all humility, in fulfillment of the duty and responsibility of giving the highest priority to value the dignity of all human beings. The aforementioned reasons including the urgency to resolve the current issues on violation of human rights seeks the immediate approval of this Bill.
HON. CLARENCE G. SALAZAR
Representative, 6th District
City of Manila
Republic of the Philippines
Youth Congress
Third Regular Session
HOUSE BILL NO. 023
Introduced by Honorable Clarence G. Salazar
AN ACT GRANTING PROSECUTORIAL POWER TO THE COMMISSION ON HUMAN RIGHTS BY AMENDING SECTION SEVENTEEN AND SECTION EIGHTEEN OF ARTICLE THIRTEEN OF THE 1987 PHILIPPINE CONSTITUTION
Be it enacted by the Senate and House of Representatives in the congress assembled;
SECTION 1. Short title- Commission on Human Rights Act
Section 2. Section seventeen, Article thirteen of the 1987 Philippine Constitution is hereby amended as follows:
SECTION 17.
x x x
The Commission shall be composed of a Chairman and four members who must be natural-born citizens of the Philippines and [a majority] ALL of whom shall be members of the Bar.
x x x
x x x
SECTION 3. Section eighteen, Article thirteen of the 1987 Philippine Constitution is hereby amended as follows:
SECTION 18. The Commission on Human Rights shall have the following powers and functions:
Investigate and PROSECUTE on its own or on complaint by any party, all forms of human rights violation involving civil and political rights;
PUNISH for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided therein;
x x x
x x x
x x x
x x x
x x x
x x x
x x x
x x x
x x x
SECTION 4. Implementing Agency – The Chairman of the Commission of Human Rights is hereby authorized to adopt a system and carry out the provisions of this act. The CHR shall, within sixty (60) days from the effectivity of this act, promulgate rules and regulations, including those disciplinary natures, to carry out and enforce the provisions of this act.
SECTION 5. Separability Clause- If any provision or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision shall remain valid and subsisting.
SECTION 6. Repealing Clause- Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this act is hereby repealed, modified or amended accordingly.
SECTION 7. Effectivity Clause- This act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
Approved,Labels: justice
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