The Legal and Investigation Office provides legal aid and counseling services; conducts monitoring of cases/complaints with concerned agencies; conducts rights based public inquiry on issues and concerns of marginalized and disadvantage sectors; and conducts studies to establish certain human rights conditions/situations affecting human development for the adoption of policies, programs and measures for the promotion of human rights.
The Legal and Investigation Office also provides appropriate human rights investigative interventions; medico-legal services; conducts alternative dispute resolution of cases thru mediation; quick reaction activities; fact finding missions; rights based situation tracking and rights based investigative monitoring.
CASE MONITORING PROGRAM
It is the CHRP policy to be fully aware of progress and status of cases and complaints it has forwarded/referred to government agencies and other instrumentalities for appropriate action.
1. To regularize monitoring of cases and complaints through right-based networking with concerned agencies.
2. To present an expanded monitoring procedure to the CHRP that should not only update and present the progress of cases and complaints, but capacitate CHRP in initiating, recommending and developing the adoption of right-based approach measures, in cooperation and collaboration with the judicial and quasi-judicial agencies, in improving the administration of justice.
3. To establish a distinct relationship with the courts for the enforcement of CHRP decisions by the courts through appropriate cooperation and collaboration.
4. To maintain a suitable documentation of cases and complaints being monitored to effectively carry-out its complementary role to the power enjoyed by the courts, especially in delivering rights-based resolution of cases.
With the inventory of cases and complaints filed with the courts or quasi-judicial bodies, will lead to laying the foundation for amicable networking to engage said agencies with their respective mandates in the speedy delivery of justice.
Upon the submission of the inventory report of the cases, complaints and the transactions filed before the CHRP and already forwarded to the Courts and Quasi-judicial bodies for the prosecution of criminal/civil/administrative aspect, the CHRP identified the problems, concerns and issues on account of the slow administration of justice.
Major Accomplishments :
Case monitoring activity for Region I, II, III, CAR and for Visayas Region IV has already been done. Still waiting for the schedule for Case Monitoring Activity of the remaining regions.
Major Plans :
To come-up with a clear-cut policy on the monitoring of cases after the completion of the coming monitoring activities.
Program Title: Conduct studies and design policies and procedures in the conduct of appropriate human rights investigative intervention.
Concept: Improvement in the conduct of investigation of human rights violation cases.
Objective: To give direction and guidance to Human Rights Investigators in the conduct of investigation. It will also serve as parameters for CHR Investigators/Lawyers in the conduct of investigation / investigative monitoring as well as it provides information.
Description: With detailed guidelines and procedures of the appropriate intervention or role of the Commission on Human Rights of the Philippines (CHRP) in human rights violation cases and human rights conditions at community, local, national and international level.
Issuance of directives by the Commission (CHRP) to concerned CHR offices including CHR Regional Offices for compliance.
With the financial support of the British Embassy - Manila, the Commission on Human Rights, particularly the Investigation Division has come out with the publications of three (3) reference materials for CHR personnel involved in the investigation and legal services, namely:
Operations Manual on Investigation and Case Management Process (2001 Edition)
Fundamentals in Human Rights Investigation Work in the Philippines: A Handbook for CHR Special Investigators (May 2001 Edition)
The Legal Bases of Human Rights Work in the Philippines: A Reference- Guide for CHR Personnel involved in the Investigation and Legal Services (July 2001 Edition)
Proposed Policy Guidelines submitted to the Commission for approval:
Policy Guidelines on the Role of CHR in Cases involving Eviction of Rural and Urban Poor Dwellers and/or Demolition of their Dwellings/Structures
Policy Guidelines on CHR Fact-Finding Missions
Policy Guidelines involving Cause Celebre Cases and/or Human Rights Incidents which are of National/International Implications
Policy Guidelines for the Establishment and Operation of a Quick Response Action Center in all CHR Regional Offices
Seminars / Workshops Conducted:
Enhancing Investigative Capability of CHR Investigators (Sponsored by British Embassy - Manila) held at Villa Cristina Resort, Antipolo City on October 1 - 6, 2000.
CHR Special Investigators Staff Development Training Course in Visayas - Mindanao Area (December 11 - 16, 2001)
CHR Special Investigators Staff Development Training Course in Luzon Area (April 21 - 26, 2002)
Implementation of the proposed policy guidelines upon approval by the Commission
Study and propose policy guidelines concerning:
Rights-based situation tracking which involves rights based assessment with areas where there are prevalent and systematic violations of human rights of the poor, vulnerable and disadvantage sectors especially in the remotest parts of the country that are poverty stricken, insurgency infested and have deteriorating development and governance conditions.
Rights-based system on Investigative Monitoring which involves the systematic process for investigative monitoring of economic, social and cultural rights violations arising from situations and conditions resulting to systematic forms of human rights violations.
Continuous implementation of Capability Building Seminars for CHR Investigators.