39
2.92. Nonetheless, whether or not this Honorable Commission is a
quasi-judicial body is beside the point. Its authority to take cognizance of
the Petition and investigate the subject matter therein has overwhelmingly
been established by law, rules, international instruments, and jurisprudence.
D.2. The provision contained in the Human Security
Act, specifying the Honorable Commission’s
role to give highest priority to investigations or
prosecutions of violations of civil and political
rights, did not curtail the Commission’s
constitutionally mandated investigative powers.
2.93. Respondent Shell concluded that the Congress “expressly
acknowledged, in recent legislative acts, that the CHR’s jurisdiction is
confined to violations of civil and political rights.”160 Respondent Shell
merely cited, although incompletely, Section 55 of R.A. 9372, otherwise
known as the “Human Security Act of 2007.”
2.94. Section 55 of the Human Security Act of 2007 provides:
“Section 55. Role of the Commission on Human
Rights. - The Commission on Human Rights shall give
the highest priority to the investigation and prosecution
of violations of civil and political rights of persons in
relation to the implementation of this Act; and for this
purpose, the Commission shall have the concurrent
jurisdiction to prosecute public officials, law enforcers, and
other persons who may have violated the civil and political
rights of persons suspected of, or detained for the crime of
terrorism or conspiracy to commit terrorism.”
2.95. The afore-quoted provision is naught with any semblance of
limiting the Honorable Commission’s broad investigatory, recommendatory,
and monitoring powers. The legislative fiat merely speaks of “priority,”
noting the primacy of civil and political rights, which need serious and
urgent attention by this Honorable Commission due to the existing
circumstances at that time where terrorist-related activities were at its height.
2.96. Moreover, the provision merely talks about the additional
function of the Honorable Commission, specifically its role in
implementing the law. On this score alone, respondent Shell’s argument
fails.
2.97. What can be gathered from the above provision is the fact that
the Congress even expanded the Honorable Commission’s powers to
160
No. I (D), pp. 26 of respondent Shell’s Motion to Dismiss Ex Abundanti Ad Cautelam.
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