1987 Constitution Article XIII (Roles and Rights of People's Organization)

 

Role and Rights    of

People's  Organizations

  

Section 15. The state shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure.

*This section talks about the function/position or responsibility of a person who belongs to a certain group wherein they are safe secured and free or they are self governed in terms of legal and justifiable rights or privileges in reaching their objectives or goals through diplomatic and legal ways and means.

The State must ensure that people’s rights protected not only from public but also from private interference
The duty of the state must maintain the freedom wherein it talks about the process of interaction of individuals and groups with the environment when the society is changing or a person makes some changes so that there appear more opportunities of choice and realization of important purposes and values. There is also the presence of liberty of movement that has indispensable condition for the free development of a person and interacts with several other rights enshrined with good covenant and to be permissible, restrictions must be provided by law, must be necessary in a democratic society for the protection of these purposes and must be consistent with all other rights.                   

SECTION 16. THE RIGHT OF THE PEOPLE AND THEIR ORGANIZATIONS TO EFFECTIVE AND REASONABLE PARTICIPATION AT ALL LEVELS OF SOCIAL, POLITICAL, AND ECONOMIC DECISION-MAKING SHALL NOT BE ABRIDGED. THE STATE SHALL, BY LAW, FACILITATE THE ESTABLISHMENT OF ADEQUATE CONSULTATION MECHANISMS.

* The section talks about of proportionality of all kinds or levels of socio political economy wherein it has to be respected not only in the law that frames the restrictions, but also by the administrative and judicial authorities in applying the law. States should ensure that any proceedings relating to the exercise or restriction of these rights are expeditious and that reasons for the application of restrictive measures are provided. The people should maintain its efficiency, effectively and realistic involvement or partaking at all levels that involves managerial or supervisory management that are not reduced or abbreviated. The State shall do a act and defined by the fundamental law of the land that assist the institution with enough discussion or explanation.

**In a democratic  and republican State, sovereignty resides in the people and all government authority emanates from them. (Art. II Section 1)

The recent historic events in our country which saw the installation of a new government “through the direct exercise of the power of the Filipino people” have given concrete expression to this democratic axiom. A new political vehicle for exercising popular sovereignty emerged-“people power”. Cause-oriented groups or people’s organizations which proliferated during a former regime pressing for reforms paved the way for the birth of “people power”. They continue to compete in articulating the interests and aspirations of the people particularly the various sectors they represent. This is beneficial to both the people and the government. For it is quite true that a government that listens to the voice of the people and considers their views and sentiments in the decision making process is an effective and stable government because it becomes responsive to their needs and well-being. Thus people’s organizations help to make the government one truly based on the consent of the governed.

Obligations imposed of the State             

In recognition of the important role people’s organizations in reflecting the popular will and as “catalysts of change,” the Constitution mandates the State to listen to the citizens and their organizations, more specifically:

1)    To respect the role of independent people’s organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means.

2)    Not to abridged the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making

3)    By law, to facilitate the establishment of adequate consultation mechanisms between the people and government.(Sec. 16)

The Constitution defines what are people’s organizations. Aliens cannot be members of such organizations because the rights given are political in nature.

HUMANRIGHTS

SECTION 17. (1) THERE IS HEREBY CREATED AN INDEPENDENT OFFICE CALLED COMMISSION ON HUMAN RIGHTS.

(2) THE COMMISSION SHALL BE COMPOSED OF A CHAIRMAN AND FOUR MEMBERS WHO MUST BE NATURAL-BORN CITIZENS OF THE PHILIPPINES AND A MAJORITY OF WHOM SHALL BE MEMBERS OF THE BAR. THE TERM OF OFFICE AND OTHER QUALIFICATIONS AND DISABILITIES OF THE MEMBERS OF THE COMMISSION SHALL BE PROVIDED BY LAW.

(3) UNTIL THIS COMMISSION IS CONSTITUTED, THE EXISTING PRESIDENTIAL COMMITTEE ON HUMAN RIGHTS SHALL CONTINUE TO EXERCISE ITS PRESENT FUNCTIONS AND POWERS.

(4) THE APPROVED ANNUAL APPROPRIATIONS OF THE COMMISSION SHALL BE AUTOMATICALLY AND REGULARLY RELEASED.

The Commission on Human Rights                                       

1.    Composition- It is composed of a Chairman and four (4) members.

2.    Qualifications, appointment, terms and disabilities- The members must be natural citizens must be natural- born citizens of the Philippines, a majority of whom shall be members of the bar. The Constitution does not provide for their appointment. They shall, however , be appointed by the President without need of confirmation of the Commission on Appointments.  Congress shall, by law, determine the term of office, disabilities and other qualifications of the members of the Commission.

3.    Independence- To enhance its independence, the approved annual appropriations of the Commission shall be automatically and regularly release. The Commission is independent of the three (3) branches of the government. By directly creating the Commission, the Constitution seeks to safeguard the body from undue pressure from other branches of the government regardless of which political party is in power.

Although it may not be in the category of the three (3) other Constitutional Commissions (The Commission on Audit, The Commission on Election and The Civil Service Commission), it is, however, given important powers and functions. Note that It is also categorized as independent by the Constitution.

The then existing Presidential Committee on Human Rights continued to exercise its functions and powers until the organization of the Commission on Human Rights.

*States parties should provide the Committee in their reports with the relevant domestic legal rules and administrative and judicial practices relating to the rights protected by article 12, taking into account the issues discussed in the present general comment. They must also include information on remedies available if these rights are restricted.

Reasons for creation of the Commission

During the period of martial law from 1972 to 1981 violations of human rights were rampant. Opponents and critics of the regime and even innocent civilians were arrested and detained by the military without charges filed against them. It is estimated that more than 70, 000 persons were detained during the said period.

Among the acts or cases attributed to the martial law regimes are arbitrary arrest, torture, solitary, detention, ham letting (i.e. people were forced to vacate their homes and herded in a place against their will), food blockades, extra judicial killings (popularly termed “salvaging”), massacres, and forced disappearance of individuals. Military abuses were allegedly tolerated if not abetted by the government. Many believed that violations of human rights only succeeded in giving the military a bad image and in fanning the increase of subversive activities instead of containing or suppressing them. Even after the lifting of martial law, persons could be arrested and detained definitely without charges filed against them through Arrest, Search and Seize Orders (ASSOs) and later, through Preventive Detention Action (PDA) of the President under decrees issued by him under Amendment No. 6 to the 1973 Constitution.

Until now, it is claimed, there are still structural imbalances in our society that can pave the way for human rights abuses; hence, the need for an independent Human Rights Commission.

Article III (Bill of Rights) makes an enumeration of the rights of the people while Article II (Sect. II thereof) declares that the “State values the dignity of every human person and guarantees full respect for human rights.” The creation of the Commission on Human Rights gives further stress to the primacy of human rights in our constitutional hierarchy

of values and of values and reaffirms our nation’s commitment to their protection. It is an assurance to the citizens that the rule of law and not of men shall reign in our land.

                       

SECTION 18. 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 UNDERPRIVILEGED 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, AD INFORMATION TO ENHANCE RESPECT FOR THE PRIMACY OF HUMAN RIGHTS;

(6) 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;

(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.

SECTION 19. THE CONGRESS MAY PROVIDE FOR OTHER CASES OF VIOLATIONS OF HUMAN RIGHTS THAT SHOULD FALL WITHIN THE AUTHORITY OF THE COMMISSION, TAKING INTO ACCOUNT ITS RECOMMENDATIONS.

Powers and Function of the Commission

These are enumerated in Section 18. Note that the Commission on its own initiatives, even in the absence of any complaint, can investigate all forms of human rights violations. Its investigatory power, however, is limited only to violations involving civil and political rights. Most of these rights are provided in the Bill of Rights, particularly the rights of the accused. Such cases of human rights violations are to be filed, after investigation, with the proper court.

Other cases such as those arising from private contracts, employer-employee relationships, or individual crimes not connected with the performance of duty by a public officer fall more properly under the jurisdiction of other agencies of the government.

The Commission can investigate violations committed by the government or private parties. Thus, armed rebels could also be guilty of committing violations of human rights when atrocities are perpetrated against defenseless individuals. Not only persons within the Philippines but all Filipinos residing abroad are entitled to the protection of the Commission.

The visitorial power of the Commission refers to its powers and functions, the Commission may perform such other duties and functions as may be provided by law. (Sec.18 [11]. Thus, the law may also give it prosecutorial powers which it does not possess under the Constitution. Furthermore, Congress, on the recommendation of the Commission may place other cases of human rights violations within the authority of the Commission.(Sec.19)