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PROGRAMS AND SERVICES OF
CHR - REGIONAL OFFICE NO. 5,
LEGAZPI CITY
Human Rights Protection Program
• Investigation & Forensic Services
• Forensic & Medico-Legal Services
• Alternative Dispute Management
• Quick Reaction Team
• Special Fact-Finding Missions
• Situation Tracking
• Investigative Monitoring
• Legal Services
• Legal Aid & Counselling
• Case Monitoring
• Legislative & Special Studies
• Rights-Based Inquiry on Issues & Concerns of Marginalized & Disadvantaged Sectors
• Assistance and Visitorial Services
• Financial Assistance
• Jail Visitation
Human Rights Promotion Program
• Human Rights Education
• BHRAC Program
CHILD RIGHTS CENTER
• Referral & Coordination Management System
• Policy & Legislative Advocacy
• Monitoring Implementation of the Convention on the Rights of the Child
• Rights-Based Information Network
Human Rights Protection Program
INVESTIGATION SERVICES
The power of the CHRP to investigate, on its own (motu-propio) or on complaint by any party, covers all forms of human rights violations involving civil and political rights. HR violations per se are those enumerated under CHR Resolution No. A96-005 which lays down the HRV cases the CHR should henceforth investigate for purposes of prosecutions, such as but not limited to:
1. Rights of prisoners or detainees against physical, psychological and degrading punishment resulting in the commission of crimes against persons as provided in Title 8 of RA 3815, as amended, and other related special laws;
2. Constitutional guarantees provided against the use of torture, force, violence, threat, intimidation and other means that vitiate the free will of any person or force him to do anything or sign any document against his will;
3. Right to a fair and public trial as recognized under the Constitution, applicable laws and statutes and jurisprudence;
4. Right to life without due process of law, where its commission is tantamount to summary execution and/or extra judicial execution (salvaging);
5. Liberty of abode and of changing the same within limits prescribed by law except upon lawful order of the court, where the acts committed constitute hamletting, force eviction/illegal demolition, or development aggression;
6. Right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures as defined in Article 124, 125, 126, 127, 128, 129 and 130 of Title 2 and in Article 269, 280, 282, 286, 287 of Title 9 of RA 3815, as amended, and other related special laws, where said acts are committed in the course or by reason thereof or when involuntary or enforced disappearance as defined under applicable laws or international treaty obligations on human rights resulted or was the reason for the violations;
7. Rights of persons arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers defined under RA 7438;
8. Right of the people to peaceably assemble and petition the government for redress of grievances which are defined in Art. 131 under Title 2 of RA 3815, as amended, and other related special laws;9. Right of the people to be free from involuntary servitude in relation to Section 18 (2) of Article 272, 273, 274 of Title 9, Art. 341 of Title XI of RA 3815, as amended, and other related special laws;
10. Free exercise and enjoyment of religious profession and worship, without discrimination of religion in relation to offenses defined in Art. 132 and 133 of Title 2 of RA 3815, as amended, and other related special laws, including offenses against the religious, such as the desecration of places of worship and or acts notoriously offensive to the feelings of the faithful, or are by their very nature, easily and readily discernible as palpable transgressions of any of the basic rights of a human being as defined in the Universal Declaration on Human Rights and International covenants and treaties on human rights to which the Philippines is a signatory and should therefore, be investigated or given due course by the Commission without unnecessary delay.
The Commission has significantly evolved as a national human rights institution having acted on diverse conditions and situations involving violations of both civil and political rights as well as economic, social and cultural rights of the country's vulnerable sectors.
Concept
Determining and conducting appropriate HR Investigative interventions suited to the various situations and conditions that are violative of human rights of the poor, vulnerable and disadvantaged sectors of the society.
CHRP identifies and defines the admissibility of complaints under its constitutional mandate as provided for under Sec. 1, Art. XIII of the 1987 Philippine Constitution.
Description/Objective
To provide investigative/legal and other applicable measures to individuals whose basic HR are imperiled/transgressed and recommend measures for the full protection and promotion for fulfillment of everyone's HR in accordance with law, international standard and rights-based approach to development.
Implementation
Conduct of a rights-based investigation from different sources such as walk-in complainants, government organizations, international organizations and media.
Major Accomplishment
Individuals and different organizations continuously give trust and confidence (patronage) to CHR for its vigorous campaign against the proliferations of human rights violations cases in the region.
The Region had investigated 1,833 complaints from June 1988 such as Murder, Physical Injuries, Homicide, Arbitrary Detention, etc.
The Regional Office has made significant interventions such as mediation in disputes and investigative monitoring of incidents/conditions which are violative of economic, social and cultural rights.
Major Plans
1. Devise ways and means to answer the increasing demands of Commission on Human Rights of the Philippines (CHRP) interventions
2. Enhance capabilities of Investigators
3. Inter-Agency collaboration with other government and non-government organizations through joint projects, without compromising its independent operationsFORENSIC & MEDICO-LEGAL SERVICES
Concept:
Providing awareness to individuals and enforcement authorities in the preservation of evidence at the scene of the crime.
Impartial and effective investigation of complaints with the use of forensic and medico-legal services.
Objective:
1. To achieve clearness and accuracy in the presentation of evidence during prosecution with the end view of achieving justice.
2. To ensure a thorough investigation of complaints/incidents of violations through forensic and medico-legal service in accordance with international standards
Description
Immediate CHRP intervention and collaboration with other government counterparts in the collection and preservation of evidence to ensure justice to the victims
Implementation:
1. Analysis of cases for forensic and medico-legal services identifying applicable Human Rights standards
2. Proper coordination with different concerned government offices, law enforcement agencies and the general public
3. Evaluation of findings and recommendations vis-à-vis Human Rights standards
Major Accomplishment:
Conducted exhumation, paraffin tests and other services with the assistance of National Bureau of Investigation (NBI), Philippine National Police (PNP) and Regional Crime Laboratory Office No. 5
Major Plans:
1. Establishment of tie-ups with municipal, city, provincial health officers, PNP Scene of the Crime Operations Office and other concerned government agencies to facilitate a resolute response in the conduct of rights-based forensic and medico-legal services.
2. Collaborative and coordination activities involving dutyholders and stakeholders, to include the participation of experts, not only in the undertaking the mission for medico-legal services but recommend and adopt measures, programs and services.
ALTERNATIVE DISPUTE MANAGEMENT
Concept:
To identify equitable solutions in cases and to reconcile remedies/measures available to the parties to a case or related cases by way of engaging duty holders to provide improved human conditions and rights entitlement for the progressive realization of human rights.
Description:
The Commission on Human Rights will pursue its investigation work utilizing rights-based alternative dispute management guided by its commitment of protecting and promoting respect for the universality, indivisibility, interrelatedness and interdependence of both civil and political rights and economic, social and cultural rights, particularly in enhanced provision of remedies and measures to ensure the equitable enjoyment of rights.
Objective:
1. To provide for a more efficient, expeditious way to resolve conflicts and bring justice to all parties concerned.
2. To ensure the improvement of human conditions and rights entitlement of parties and the progressive realization of human rights through appropriate measures initiated by dutyholders.
Implementation:
1. Determination of the appropriateness of ADR intervention
2. Implementation of the direct intervention to the parties involved.
3. To include management documentation and monitoring of the actual ADR processMajor Accomplishment:
Mediation of disputes especially those concerning light offenses and marital conflicts were successfully undertaken by the Regional Office.
Major Plans:
1. Familiarize investigators on the new mechanism in solving disputes/conflicts.
2. Identify what types of dispute can be subjected to alternative dispute resolutions.
3. Advocate the application of alternative dispute resolutions as the first and best approach in resolving conflicts.
QUICK REACTION TEAM
Concept:
To ensure that urgent and critical conditions will be responded to on account of rampant or serious violations of human rights.
Objective:
To readily respond to incidents of HRV of emergency nature or preventive measures that requires immediate CHR intervention.
Description:
A team, composed of a Lawyer and an Investigator is on rotation basis to ensure presence of skeletal force from 8 AM to 8PM .
Implementation:
Upon receipt of notification/call on emergency condition, the team secures a dispatch order upon determining such HRV that requires immediate intervention.
Major Accomplishment:
Rescue of minors from continued molestations and rampant mass arrests of suspected rebels.
Major Plans:
To strengthen its on-going operations.
SPECIAL FACT-FINDING MISSIONS
Concept:
The fact-finding system represents certain aspects of investigation wherein one of the end-results is to make the mission the evidence itself for the purpose of prosecuting the criminal, civil, administrative cases of the human rights violation. It also facilitates in obtaining data to assess HR situation/condition in a certain area in order that government agents or instrumentalities could properly address it.
Objective:
To obtain evidence and gather data in identified areas of occurrence of violations of HR and incidents.
Description:
Claim-holders and their witnesses will speak out and advocate their cause during the fact-finding mission for the purpose of establishing probable cause of the violations committed and the criminal and administrative breach.Implementation:
Deploy mission team to gather data and evidences preferably using Rghts-Based Approach tools.
Major Accomplishment:
Several fact-finding missions were conducted by the Regional Office involving abuses of the military in the 2 nd district of Camarines Sur, in the far-flung barangays of Ligao City and Camalig, Albay.
Major Plans:
Continuously and conscientiously conduct special fact-finding missions especially in poverty stricken areas, insurgency areas and areas where people are situated in difficult circumstances.
SITUATION TRACKING
Concept:To undertake various forms of activities to keep track of incidence where there are prevalent and systemic violations of HR of the poor vulnerable and disadvantaged sectors specially in the remotest parts of the country that are poverty stricken, insurgency infested and deteriorating development and governance conditions. And look into the causes thereof, especially where the sectors are not aware that the government is bound to comply with international standards and norms for the protection and promotion of human rights.
Objective:
To institute a rights-based situation mapping of areas where there are rising incidents of human rights violations as key methodology for engaging localities in understanding human rights conditions that relate to interactions of various stakeholders of governance such as government, private sector and civil society as duty holders and claimholders.
Implementation:
Identification of selected areas, visiting of the areas, conduct situation tracking and issuance of advisories.
Major Accomplishment:
The Regional Office, in coordination with the local broadcast media and with the assistance of the Provincial Social Welfare Officer of Albay and the Society of the Lady of Trinity (SOLT), assessed the situation of the Taboy Tribe in Rapu-Rapu, Albay and distributed food, used clothing and financial assistance for the improvement of their nipa hut "bahay kubo".
The team called the attention of the Local Chief Executive of Rapu-Rapu, Albay on the plight of the Taboys and to include in their Local Dev't. Plan the concern of these Indigenous People.
Major Plans:
1. To cover other areas of concern, e.g. Right to Food.
2. Issuance of local advisories.
INVESTIGATIVE MONITORING
Concept:
Conduct of investigative monitoring of the various human development situations and problems on the basis of their implications to human rights and in order that appropriate developmental and progressive remedies may be undertaken by identified dutyholders from among government and private entities and necessary participation and cooperation among civil society organizations may be generated.
Objective:
To take resolute steps to eliminate massive deprivation and flagrant violations of human rights of individuals and communities by way of investigative monitoring of situations and conditions that give rise to poor human development conditions such as poverty, hunger/food insufficiency, homelessness/substandard living, massive under-employment, poor health/poor access to health facilities, inadequate education, poor access to services and economic opportunities, lack of social security and poor access to productive assets.
Description:
To establish a mechanism through which victims of situations and conditions that are violative of human rights whenever they occur will be given an opportunity to raise their problems as a matter of general knowledge and concern that could effectively be linked with the corresponding obligation of relevant government authorities and private entities.
To engage experts assistance in the investigative monitoring and assessment of selected issues and problems with real and potential human rights implications as a means to address systemic violations by other appropriate remedies.
Implementation:
Initiate investigative monitoring of selected situations or conditions affecting the poor, vulnerable and disadvantaged sectors.
Engage experts' assistance to provide substantive appraisal of the issues and problems that would require multi-disciplinary approach.
Major Accomplishment:Referred clients to DSWD for assistance, food provisions and medical assistance.
Major Plans:
Adopt policy guidelines on 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 systemic forms of human rights violations.