ON
HOUSE BILL NO. 7504

entitled
"An Act Providing for the Stabilization and Regulation of Rentals of Commercial Buildings and Spaces and Providing Penalties for Violations Thereof"
(I ntroduced by Cong, Romeo DC . Candazo)

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          Article I of the International Covenant on Economic, Social and Cultural Rights provides, that all people have the right to self-determination. By virtue of that right they can freely determine their political status and pursue their economic, social and cultural development. While this right of the people is recognized, it is, however, subjected to restrictions by the state in its exercise of the police power. Article 4 of the International Covenant states: ".In the enjoyment of those rights., the state may subject such rights only to such limitations as are determined by law only insofar as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society."

          In this connection, the Constitution, Section I, Article III thereof mandates: "the Congress shall give highest priority to the enactment of measures that protect and enhance the right of all people to human dignity, reduce social, economic and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the state shall regulate the acquisition, ownership, use and disposition of property and its increments.

          Aforestated International Covenant, and pursuant to the Constitutional mandate as well as in the exercise of the police power of the state, comes House Bill No. 7504, regulating the rentals of commercial buildings and space.

          The Commission on Human Rights expresses its strong support for the proposed bill. If finally enacted into law, the House Bill will definitely help small and medium businesses to grow and compete with large corporations. Particularly, it will prevent the abusive property owners from increasing the rentals into such an unreasonable amount that lessees can hardly afford.

           Accordingly, this Commission recommends the immediate enactment of the subject house Bill.

           Quezon City , 1 June 1999

ON
HOUSE BILL NO. 6520

"An Act Requiring Probationers to Plant at Least Twenty (20) Trees a Year as Part of their Service to the Community, Amending for the Purpose Section 10 of Presidential Decree No. 968, Otherwise Known as The Probation Law of 1976"
(Introduced by Hon. Jesnar R. Falcon)

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         As clearly reflected from its title, the proposed legislation seeks to amend Section 10 of Presidential Decree No. 968 (The Probation Law) by requiring probationers to render a community service of planting at least twenty (20) trees per year as an additional condition for the grant of probation.

         Article 2(1) of the United Nations Convention (No. 29) Concerning Forced Labour and adopted on June 28, 1980 by the General Conference of the International Labour Organization on its 14 th session defined the term "forced or compulsory labour" as all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

          From the above definition, it may appear that the proposed amendment for additional condition of probation is a sort of a forced or compulsory labour. However, sub-paragraph 2 (c) of the same article of the Convention provides that the term forced or compulsory labour shall not include any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that said person is not hired to or placed at the disposal of private individuals, companies or associations.

          Accordingly, the additional condition of requiring probationers to plant trees falls within the exception to the term forced or compulsory labour, because the required service or work is to be rendered under the supervision of the probation officer for the good of the community as a result of conviction in a court of law.

          Besides, the legislature has a broad power to enact laws fixing the punishment of any penal offense.

          Furthermore, the proposed bill is a manifestation of the State's policy on the protection and advancement of people's right to a balanced and healthful ecology provided under Section 16, Article II of the Philippine Constitution.

          Foregoing considered, this Commission endorses the enactment of the house bill into law.

           Quezon City , 7 June 1999

ON
HOUSE BILL NO. 968

"An Act Establishing Resource Development And Crisis Assistance Centers For Women And Children In Every Region Of The Philippines , Appropriating Funds Therefor, And For Other Purposes"
(Introduced by Honorable Heherson T. Alvarez)

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          Records of the Commission on Human Rights reveal that violence against women and children is escalating. Of the 17,786 victims of human rights violations 1,784 are women/children. To ease the burden brought about by the violation, the Commission extended medical assistance to the victims while the heirs of deceased victims were granted financial assistance. Due to lack of funding, no continuing rehabilitation program could be extended to the victims.

          Newspaper accounts, likewise, show that reports of rape, incest and other forms of abuse mounted, with trials leading to conviction. As of the first quarter of 1998, 308 of those condemned to die are rapists, 145 of whom abused their own daughters or children under 12 years.

          The Women Crisis Center , an NGO assisting abused and battered women, reported that it receives 100 calls per week from battered women in the Metropolitan Manila.

          While government agencies are taking steps to curb violence against women and children, no serious effort is given to the rehabilitation of the victims.

          In view of this pervasive situation, the Commission is of the opinion that there is an urgent need to create a Women's and Children's Resource Development and Crisis Assistance Centers in every region primarily tasked to promote and protect the rights of women and children by providing them psychological counseling, livelihood and skills development, legal services, among others.

          It is suggested, however, that Sec. 6 of H.B. 968 be amended to include the following beneficiaries:

1. Children of Families with HIV - In cases like this, the child may be neglected or may not get proper care and attention. Measures must be undertaken to ensure the child of his basic needs.

2. Children of Refugees - Children born of refugee parents or the union between a refugee and a local national are caught in the situation of being stateless children. Hence, protection should be accorded to them.

          Subject to the above recommendations, the passage of the bill is hereby endorsed.

          Quezon City , 9 June 1999

ON
SENATE BILL NO. 680

"An Act Prohibiting Wire, Electronic And Oral Communications Interception And Providing Penalties Therefor"
( Introduced by Senator Miriam Defensor-Santiago)

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          The Commission is in full accord with the proposed measure and expresses its strongest support for its immediate enactment.

          We are not unmindful of the fact that illegal surveillance and wiretapping activities of government intelligence agencies are resorted to with impunity and remain unabated.

          On September 12, 1997 , an investigation motu propio on wire tapping conducted by the Investigation Office of the Commission concludes that "wiretapping is being indiscriminately resorted to by various intelligence agencies in the country."

          Thus, when then Congressman Edcel C. Lagman introduced House Resolution No. 1347 - A resolution directing the Committees on Human, Civil and Political Rights, Justice and Transportation and Communications to conduct an immediate investigation, in aid of legislation, into the reported surveillance and wiretapping activities conducted by various State-funded intelligence agencies with the cooperation, conclusion and/or involvement of Private Telephone and Communication companies, we espoused the view that:

          "xxx the advancement of electronic technology has rendered existing Philippine Laws on unauthorized surveillance and wiretapping unresponsive to the individual's right against arbitrary interference on one's privacy and to the right to privacy of communication and correspondence. Thus, there is a need for a thorough reexamination of Rep. Act No. 4200.

          The issue of wiretapping was again made controversial with the admission of Police Chief Supt. Reynaldo Acop, Police Director for Southern Tagalog, that he obtained incriminating information against PNP Chief Deputy Director General Lastimoso by tape recording his conversation with a certain Dr. Jaca without the latter's consent.

          With this admission, the Commission believes that illegal wiretapping activities is widespread and should be addressed promptly.

          The Commission maintains that electronic eavesdropping is an infringement of one's privacy and to the right to privacy of communication enshrined under the Art.12 of the Universal Declaration of Human Rights (UDHR), Article 17 of International Covenant on Civil and Political Rights (ICCPR) and Article 3 Sec. 3 of the Philippine Constitution, which states:

          "Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law
x x x".

          Quezon City , 29 June 1999