ARTICLE XIII SOCIAL JUSTICE AND HUMAN RIGHTS Flashcards
What is social justice?
It means the promotion of the welfare of the people and the adoption of the Government of measures calculated to ensure economic stability of all competent elements of society through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community through the adoption of measures legally justifiable or through the exercise of powers underlying the existence of all governments on the time-honored principle of SALUS POPULI EST SUPREMA LEX.
T or F
The Commission on Human Rights is constitutionally created.
True
T or F
The Commission on Human Rights is constitutionally created.
True
T or F
The Commission on Human Rights is a constitutional commission.
False.
What is the composition of the CHR?
1 Chairman and 4 members who must be natural citizens and a majority thereof are members of the Bar. Their term and other qualifications shall be provided by law:
EO 163 provides:
1. Natural born citizens
2. Majority are members of the Bar
3. At least 35 years of age at the time of appointment
4. Must not have been candidates for any elective position in the elections immediately preceding their appointment.
5. Must not hold any other office during tenure, or engage in active management or control of any business, or be financially interested in any contract granted by the government.
T or F
The CHR enjoys fiscal autonomy.
False, only LIMITED FISCAL AUTONOMY.
T or F
The approved annual appropriations of the Commission shall be automatically and regularly released.
True.
T or F
The CHR succeeded the Presidential Committee on Human Rights.
True.
What is the mandate of the CHR?
The constitutional mandate of the CHR extends only to INVESTIGATION OF ALL FORMS OF HUMAN RIGHTS VIOLATIONS INVOLVING CIVIL AND POLITICAL RIGHTS.
T or F
The CHR is only a fact-finding body and not a court of justice or a quasi-judicial agency.
True.
T or F
The CHR is empowered to adjudicate claims on the merits or settle actual cases or controversies.
False. Not empowered
What are the powers and functions of the CHR?
- Investigate violations of human rights violations involving civil and political rights.
- Adopt operational guidelines and rules of procedure and cite for contempt for violations thereof in accordance with the Rules of Court.
- Provide legal measures for protection of human rights of all persons within the PH as well as Filipinos living abroad and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection.
- Exercise visitorial powers over jails, detention centers
- Establish continuing program of research, education and information to enhance respect for the primacy of human rights.
- Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary to determine the truth in any investigation conducted by it or under its authority.
- Recommend to Congress effective measures to promote human rights and to provide compensation to victims of violations
- Monitor PH government’s compliance with international treaty obligations on human rights.
- Request assistance of any government agency in its functions
- Appoint its officers and employees
- Perform such other duties provided by law
What are civil rights?
Those rights that belong to every citizen of the state or country and are not connected with the organization or administration of the government.
What are political rights?
It refers to the right to participate in the establishment or administration of government, the right of suffrage, right to hold public office, right of petition and rights appurtenant to citizenship vis-a-vis the management of government.
