Press Release
August 15, 2007

CHIZ WANTS PROSECUTORIAL POWERS FOR CHR

Once enacted into law, Senator Francis "Chiz" Escudero's bill will grant the Commission on Human Rights powers similar to that of the Department of Justice (DOJ) over all cases involving human rights violations.

Senate Bill (S.B .) No. 1437 which Escudero filed last week seeks to grant prosecutorial powers for the Commission on Human Rights, in the exercise of its jurisdiction and in addition to its investigative powers.

The bill, according to the senator will expand in clear terms the jurisdiction of the CHR and at the same time equip it with a significant power. Under the present mandate of the Constitution, CHR is neither a judicial nor a quasi-judicial body.

CHR's jurisdiction is limited only to civil and political rights. Escudero said the prosecutorial power being sought to be granted is meant to expand the jurisdiction of the CHR to include economic, social and cultural rights.

"CHR 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, among others. I wanted to empower the commission by granting them quasi-judicial powers."

Escudero said the CHR at present has a feeble authority thus defeating the purpose for which it was created. He cited a recent ruling on the case of Simon, Jr., et. al. v. CHR, et. al. which revisited the powers and functions of the CHR vis--vis the implementation of Republic Act No. 7279 or the Urban Development and Housing Act of 1992. The case defined the parameters of the CHR's jurisdiction, which is limited only to political and civil rights.

The bill, added Escudero, means to erase all doubts brought about by the issue of whether or not the CHR can take cognizance of cases of demolition and resettlement pursuant to the UDHA.

"If it is a state policy to secure, protect and guarantee the dignity of its citizens and to ensure the fulfillment of such citizens' human rights, the CHR could no longer be regarded as a toothless tiger".

Moreover, the bill, added Escudero, will decrease the burden of the National Prosecution Service (NPS) of the DOJ and further enhance specialization in the investigation and prosecution of human rights violations cases.

News Latest News Feed