The CHR probe: Where to? Why?

The CHR inquiry on the Mamasapano incident

Charmaine P. Lirio

The Commission on Human Rights (CHR) launched its own independent probe on the Mamasapano clash after allegations of mutilation and overkill were raised over the encounter. Investigating all forms of human rights violations is indeed a function of the Commission, but what can it do with the results of its inquiry?

As early as 1991, the Supreme Court had defined the powers of the CHR, saying that the Constitution did not intend it to have adjudicatory powers like the court or a quasi-judicial agency. The most that it can do by way of adjudication is to investigate. Subsequent decisions further clarified that while the commission under the fundamental law may “provide measures and legal aid services” to victims of HR violations, such remedies cannot be granted directly by the Commission.

It may seek judicial and extrajudicial remedies from the proper courts on behalf of the victims. With the results of its probe, it can make recommendations for appropriate actions to government agencies. In short, the CHR has limited powers; it cannot act on its own against HR violations. But, at the very least, it is another agency that could shed light on the confusing incident in Maguindanao.

To know about the members of the Commission on Human Rights, click on the photo below.

PRESIDENT Benigno S. Aquino III offers a moment of silent prayer before the remains of the fallen Philippine National Police-Special Action Force (PNP-SAF) Troopers during the Necrological Service at the NCRPO Multi-Purpose Center of Camp Bagong Diwa in Bicutan, Taguig City on Friday (January 30, 2015) | Photo by Gil Nartea / Malacañang Photo Bureau