38
Commission during its press conference held on 08 December 2016, is nonadversarial and fact-finding in nature, pursuant to Section 2, Rule 7 of the
Omnibus Rules of the Commission.
“The investigative and inquiry proceedings of the
CHR is fact-finding in nature, and non-adversarial.
Public inquiry shall generally be open to the public,
transparent, and allows for the participation of affected
parties and sectors.”158
2.90. At any rate, without disregarding the applicable decision of the
Supreme Court on the matter, the petitioners entertain misgivings as to the
respondents’ conclusion that the Honorable Commission is not a quasijudicial body, given the pertinent deliberations of the 1986 Constitutional
Commission cited below:
“MS. AQUINO: After all the amendments have
been approved and with the very liberal posture of the
committee in terms of the spiritual endowments of the
article, do we still want to be confined to the definition
of this commission as an administrative body? Surely, we
must provide some kind of a conceptual cohesion between
the powers and the nature of the commission.
MR. SARMIENTO: I think Commissioner Aquino
is now asking about the nature of the Commission on
Human Rights because previously we said it was purely an
administrative body. But because of its new functions, it
has acquired a new feature, a new character, so it is now
a quasi-judicial body.
MS. AQUINO: So this would necessarily require a
readjustment in the functions and the concepts of the
commission.
MR. SARMIENTO: Madam President, considering
the adjustments we made, the new powers we added, the
commission will no longer be a purely administrative
body; it will be a quasi-judicial body.
MS. AQUINO: Thank you, Madam President.”159
(Emphasis supplied)
2.91. The additional prosecutorial function given by the Congress to
this Honorable Commission under Section 55 of R.A. 9372, otherwise
known as the “Human Security Act of 2007,” as will be discussed below,
seems to support its quasi-judicial function.
158
Section 2, Rule 7 of the Omnibus Rules of the Commission.
Deliberations of the Constitutional Commission on the investigatory powers of the Commission on
Human Rights, p. 777, op cit., pp. 152-153.
159
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