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SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S.B.No. 2087 
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litH.;" "f Ill' ~,mbru 
'l4 JAN 27 P 4 :54 
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HECEIVEU BY; )~ 
Introduced by Senator Maria Lourdes Nancy S. Binay 
EXPLANATORY NOTE 
Article XIII, Section 17 (1) of the Philippine Constitution mandated the creation of an 
independent office called the Commission on Human Rights ("CRR"). 
Under Section 18 of Article XIII, the CRR shall have the following broad 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 Plies 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 res,earch, education, and information to enhance 
respect for the primacy of human rights; 
6. Recommend to Congress effective m~asures 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. Perfonn such other duties and functions as niay be provided by law. 
The broad authority above mentioned was envisioned by the framers of the 1987 Constitution 
as safeguards against possible repetition abuses perpetrated during the era of dictatorship. 
However, in' 1992, the landmark case of Export Processing Zone Authority vs. Commission 
on Human'Rights, G.R. No. 101476 April 14, 1992 was promulgated by the Supreme Court 
En Bane. This, case was perceived to have severely emasculated the CRR and subsequently 
rendered the constitutional office a "toothless tiger." Ruling on the issue of whether the CRR 
has injunctive' powers to restrain human rigl1ts violations, the Supreme Court ruled in the 
negative, reasoning as follows: 
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"The constitutional provision directing the CRR to "provide for preventive 
measures and legal aid services to the underprivileged whose human rights 
have been violated or need protection" may not be construed to confer 
jurisdiction on the Commission to issue a restraining order or writ of 
injunction for, if that were the intention, the Constitution would have expressly 
said so. "Jurisdiction is conferred only by the Constitution or by law" (Oroso, 
Jr. vs. Court of Appeals, G.R. Nos. 76828-32, 28 January 1991; Bacalso vs. 
Ramolete, G.R. No. L-22488, 26 October 1967, 21 SCRA 519). It is never 
derived by implication (Garcia, et a!. VB. De lesus, et a!., G.R. No. 88158; 
Tobon Uy vI;. Commission on Election, et aLG.R. Nos. 97108-09, March 4, 
1992). 
Evidently, the "preventive measures and legal aid services" mentioned in the 
Constitution refer to extrajudicial and judicial remedies (including a preliminary 
writ of injunction) which the CRR may seek from the proper courts on behalf of 
the victims· of human rights violations. Not being a court of justice, the CRR 
itself has no jurisdiction to issue the writ, for a writ of preliminary injunction 
may only be issued "by the judge of any court in which the action is pending 
[within his district], or by a Justice of the Court of Appeals, or of the Supreme 
Court. It may also be granted by the judge of a Court of First Instance [now 
Regional Trial Court] in any aCtion pending in an inferior court within his 
district." (Sec. 2, Rule 58, Rules of Court). A writ of preliminary injunction is 
an ancillary remedy. It is available only in a pending principal action, for the 
preservation or protection of the rights and interest of a party thereto, and for no 
other purpose" 
Decades after the promulgation of the EPZA Case, there appears to be no efforts to correct 
this situation. 
Two observations however may be noted from the Constitution and the EPZA Case, which 
could serve as strong basis to strengthen the CHR as an institution: 
1. First, Article XIII, Section 18 of the Constitution contains express legal basis for the 
expansion of the powers of the CRR. Paragraph 11 of Section 18 provides that the 
CRR may "Perform such other duties and functions as may be provided by law. " 
2. Second, the EPZA Case itself quoting a catena of cases on jurisdiction states that 
Jurisdiction is conferred only by tlie Constitution or by law. 
In view ofthe foregoing, the passage ofthis bill is earnestly requested 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN A.J',..f.: 
S.B.No. ~u87 
. 
RECEIVED B\':-J~ 
Introduced by Senator Maria Lourdes Nancy S. Binay 
'14 
JAN 27 P 4 :53 
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AN ACT STRENGTHENING THE POWERS AND FUNCTIONS OF THE COMMISSION 
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ON HUMAN RIGHTS 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
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assembled.:' . 
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SECTION 1. In addition to its powers under Article XIII, Section 18 of the Constitution, the 
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Commission on Human Rights is hereby empowered to: 
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(a) Conduct preliminary investigations of all offenses involving violations of human 
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rights and upon detennination of probable cause, file corresponding civil, criminal 
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and administrative complaints in the appropriate courts; 
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(b) Issue Cease and Desist Orders effective immediately, in aid of its investigative 
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powers, upon detennination of probable cause that a violation of human rights has 
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been committed by an accused; and 
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(c) Cite for Direct Contempt any person for·failure to comply with the Cease and 
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Desist Order. 
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SECTION 2. Implementing Rules and Regulations. The Commission on Human Rights shall 
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issue the necessary implementing rules and regulations within ninety (90) days from the 
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approval of this Act. 
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SECTION 3; Separability Clause. Should any part or provision of this Act be declared 
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unconstitution.al or invalid, other parts or provisions hereof not otherwise affected thereby 
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shall remain i1\ full force and effect. 
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SECTION 4. Funds. To carry out the purpose ofthis Act, there is hereby appropriated, out of 
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any funds in the National Treasury not otherwise appropriated the sum of Twenty Million 
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Pesos (PhP20,000,000.00) for the fiscal year of2014. Hereafter, the necessary appropriations 
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shall be included in subsequent General Appropriations Act. 
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SECTION 5. EffectiVity. This Act shall take effect ·fifteen (15) days after its publication in at 
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least two (2) newspapers of general circulation. 
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Approved, 
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