Republic of the Philippines 
1 
First Regular Session 
I 
FOURTEENTH CONGRESS 
] 
S E N A T E  
Bill No. 
Introduced by Senator FRANCIS G. ESCUDERO 
EXPLANATORY NOTE 
The case of Curiiio us. Commission on Human Rights (CHR) (GR No. 96681, 
02 December 1991) categorizes the CHR as a toothless tiger. It is neither a judicial 
nor a quasi-judicial body. It can only extend preventive measures, such as 
initiating applications in court for judicial writs and orders, conduct 
investigation and receive evidence of violations of human rights, among others. 
The above ruling is reiterated in the more recent case of Simon, IT,, 
et. al. v. 
CHR, et. al. (GR No. 100150, 05 January 1994) which revisited the powers and 
functions of the CHR vis-a-vis the implementation of Republic Act No. 7279, 
otherwise known as the Urban Development and Housing Act (UDHA) of 1992. 
This case defined the parameters of the CHR’s jurisdiction which is limited only 
to political and civil rights. It enumerated the cases over which the CHR can 
exercise jurisdiction without, however, regarding them as having preclusive 
effect but merely a matter of priority setting. 
It is in this regard that this bill seeks to expand in clear terms the 
jurisdiction of the CHR and at the same time grant it prosecutorial powers. 
To make categorical the state policy that the CHR can exercise jurisdiction 
over cultural, economic and social rights is very important. It is to afford in 
general the CHR the unequivocal authority to step into cases involving rights 
excluded from the definition and scope of political and civil rights. It is meant in 
particular to erase all doubts brought about by the issue of whether or not the 
CHR can take cognizanee of cases of d e m d i t i m - & m & l m m ~ p u m ~ t h e  
UDHA. 
The prosecutorial power being sought to be granted is on the other hand 
meant to equip the C H R  a significant power if only to realize its mandate under 
Article XI11 of the Constitution. It is unacceptable to forever regard CHR as a 
toothless or paper tiger 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. 
Moreover, the grant of prosecutorial powers will decrease the burden of 
the National Prosecution Service (NE) of the Department of Justice (DOJ) and 
further enhance specialization in the investigation and prosecution of human 
rights violation cases. 


Hence, on the basis of the foregoing and by virtue of Section 18, par. (ll), 
and Section 19, Article XI11 of the Constitution, immediate passage of this 
proposed legislation is earnestly sought. 
FRANCIS G. ESCUDERO 
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Republic of the Phiiippines 
1 
First Regular Session 
1 
FOURTEENTH CONGRESS 
} 
S E N A T E  
Introduced by Senator FRANCIS 6 .  ESCUDERO 
AN ACT 
EXPANDING 
THE 
JURISDICTION 
OF 
AND 
GRANTING 
PROSECUTORIAL POWERS TO THE COMMISSION ON HUMAN RIGHTS 
AND FOR OTHER PURPOSES 
Be if enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
SECTION 1. Declaration of State Policy. - State policy mandates that the 
human dignity of every person and the full recognition, respect, protection and 
fulfillment of human rights as the means for ensuring the security of its people 
be valued and guaranteed. Hence, the State has to formulate and adopt new 
measures on human rights to further secure its people from pervasive threats 
meant to attack not only civil and political rights. 
SEC. 2. 
DeFnition of Human Rights. - Human rights for purposes of 
this Act shall mean rights found in Article I11 of the Constitution and those duly 
affirmed and recognized by the Republic of the Philippines in the following legal 
instruments: International Convention on the Protection of the Rights of All 
Migrant Workers and Members of Their Families (1995); Convention on the 
Rights of the Child (1990); Convention against Torture and Other Cruel, 
Inhuman or Degrading Treatment or Punishment (1987); International Covenant 
on Civil and Political Rights (1986); Convention on the Elimination of All Forms 
of Discrimination against Women (1981); International Covenant on Economic, 
Social and Cultural Rights (1974); and InternationaI Convention on the 
Elimination of All Forms of Racial Discrimination (1967). 
It shall also refer to the rights duly affirmed and recognized 
in the Comprehensive Agreement on the Respect for Human Rights and 
International Humanitarian Law (CARHRIM,) and the rights recognized in the 
Universal Declaration of Human Rights (1948). 
SEC. 3. 
Scope of Human Rights Violations. - Human rights violations 
shall mean and include civil, political economic, social and cultural rights as 
found and enunciated in the legal instruments and constitutional provisions 
enumerated in Section 2 of this Act and all such other similar instruments and 
laws. 


SEC. 4. 
Expanded Jurisdiction of the Commission on Human Right 
(CHR). - The jurisdiction of the Commission on Human Rights (CHR) shall 
include civil, political, economic, social and cuItural rights. 
SEC. 5. 
Prosemtorial Paver of the CHR. - In the exercise of its 
jurisdiction and in addition to its investigative powers, the CHR shall be given 
prosecutorial powers similar to that of the National Prosecution Service (NPS) of 
the Department of Justice (DOJ) over all cases invo1vin.g human rights violation 
cases. 
As such, all human rights violation cases shall now fall 
under the exclusive jurisdiction of the CHR. 
SEC. 6. 
Transitory Provision. - All human rights violation cases 
currently pending in the DOJ shall be immediately transfeaed to the CHR except 
those cases which have already been filed in court. 
SEC. 7. 
Ofice of the Human Rights Prosecutor. - There shall be an 
Office of the Human Rights Prosecutor which shall have the following powers 
and functions as the prosecuting arm of the CIIR: 
1) 
Conduct preliminary investigation of all human 
rights violation cases for the determination of the existence of probable cause; 
2) 
Prosecute, once there is finding of probable cause, 
human rights violation cases in court; 
3) 
Provide legal services to victims of human rights 
violations; and 
4) 
Perform such other functions and duties as may be 
assigned to it by the CHR. 
The Office of the Human Rights Prosecutor shall be headed 
by a Chief Human Rights Prosecutor with the rank and emoluments similar to 
that of the Chief State Prosecutor in the DOJ who shall be appointed by the 
President upon nomination by the majority of the Commissioners of the CHR, 
and a member of the Philippine Bar, and have been engaged in the practice of 
Iaw for at least five (5) years at the time of his/her appointment. 
SEC. 8. 
Appropriations. - The required appropriations for this Act 
shall be included in the General Appropriations Act for the year immediately 
succeeding the approval of this Act and every year thereafter. 
SEC. 9. 
Implementing Rules and Regulations. - The CHR shall have the 
power to issue the necessary rules and regulations for the effective 
implementation of this Act as well as the creation of an organizational structure 
in the Office of the Human Rights Prosecutor. 
The CE-IR pursuant to Sections 18 paragraph (2) of Article 
XIII of the Constitution shall likewise promulgate the operational guidelines and 
rules of procedure for the implementation of its expanded jurisdiction relating to 
economic, social and cultural rights and its prosecutorial powers to be patterned 
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after the NPS of *e DOJ as provided for in this Act. The CHR shall coordinate 
with the DO] in the matter of its prosecutorial powers. 
SEC. 10. 
CoMgressional Oversight. - Congress shall create a special 
congressional oversight on human rights to ensure and oversee the 
implementation of this Act. 
SEC. 11. 
Repealing Clause. - All other laws, decrees, executive orders, 
proclamations, and administrative regulations inconsistent with or contrary to 
the provisions of this Act are hereby amended, modified or repealed accordingly. 
Separability Clause. - Ln the event that any provision of this 
Act is declared void or unconstitutional such declaration shall not affect the 
validity of the unaffected provisions of this Act. 
SEC. 12. 
SEC. 13. 
Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its complete publication in at least two (2) newspapers of general 
circulation. 
Approved, 
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