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is a constitutional body, can be enlarged to include social
and economic rights. It can include the concepts
proposed by Commissioner Rosario Braid in looking
into the causes of the violations of human rights, both in
their narrow and broad senses. Therefore, it has a place
in the Constitution because the horizon for its functions
is well beyond the immediate problems.
MR. MAAMBONG: xxx
MR. MONSOD: Yes, and it can expand its scope
as the need and circumstances arise because human
rights is a very broad concept. The only reason we are
limiting this concept now and trying for very modest
objectives at this time is because we do not like the
committee to dilute its efforts at this time when there are
very real and concrete problems that have to be
addressed.”94 (Emphasis supplied)
2.52. The eminent constitutionalist, Fr. Joaquin G. Bernas, one of the
delegates in the 1986 Constitutional Commission, affirms the foregoing
intention of the framers of the Constitution. Thus, in his book, The 1987
Constitution of the Republic of the Philippines: A Commentary, Fr. Bernas
wrote—
“The scope of its investigation is ‘all forms of
human rights violations involving civil and political rights,’
whether committed by public officers or by civilians or
rebels. Every effort was made to ensure that the
phraseology of the provision did not suggest that only
military violations were within the scope of the
Commission’s authority. Simon, Jr. v. Human Rights
Commission has held, moreover, on the basis of
Constitutional Commission debates and Section 18(1) that
the Commission can only protect ‘civil and political rights’
as distinct from less traditional social and economic rights.
Note, however, that the reason for these modest
objectives was the desire of the 1986 Constitutional
Commission not to overburden the Commission during
its initial years. The limitation does not exclude the
possibility of expanding the Commission’s scope later –
as in fact Section 19 specifically allows.”95 (Citations
omitted; Emphasis supplied)
2.53. Likewise, Fr. Bernas categorically pointed out that, “the
authority [of the Honorable Commission] to set its ‘operational
guidelines’ was adopted in lieu of authority to ‘set its own priorities’ in
order to avoid the suspicion that the Commission might narrow the
94
Deliberations of the Constitutional Commission on the investigatory powers of the Commission on
Human Rights, p. 743, op cit., pp. 94-95.
95
Bernas, J.G. (2003). The 1987 Constitution of the Republic of the Philippines: A Commentary, 2003 ed.;
Manila: Rex Book Store, p. 1225.
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