18
Concerned Residents of Manila Bay, et al.56, and consolidated cases of
Resident Marine Mammals of the Protected Seascape Tañon Strait, et al.
v. Secretary Angelo Reyes, et al.57 and Central Visayas Fisherfolk
Development Center (FIDEC), et al. v. Secretary Angelo Reyes58 has
repeatedly reaffirmed the doctrine laid down in Oposa, et al. v. Factoran,
Jr. et al.59, which practically articulates the same import as that of the aforecited international jurisprudence and instruments.
2.34. As espoused by Fr. Bernas, one of the most respected
constitutionalists in this jurisdiction, “with respect to the right to life, it is not
just a protection of the right to be alive, or to the security of one’s limb
against physical harm. The right to life is the right to a good life. The
importance of the quality of living finds stronger emphasis in Article XIII,
on social justice, and even the life of the unborn finds protection in the 1987
Constitution.”60
i.
Assuming arguendo that the human rights
invoked in the Petition -- with the exception of
the right to life -- are purely economic, social,
and cultural rights, the Honorable Commission
still has authority to conduct the investigation
under the Constitution and Section 2, Rule 2 of
its Omnibus Rules.
2.35. The Honorable Commission is empowered to provide
appropriate legal measures for the protection of human rights of all persons
within the Philippines under the Constitution [Art. XIII, Section 18(3)]61; to
recommend to Congress effective measures to promote human rights and
provide for compensation to victims of human rights violations and their
families [Art. XIII, Section 18(6)]62; and to monitor the Philippine
Government’s compliance with international treaty obligations on human
rights [Art. XIII, Section 18(7)]63. Unlike Section 18(1)64, Sections 18(3),
(6) and (7) are not limited to civil and political rights— they refer not only to
civil and political rights, but also economic, social and cultural rights
(including environmental rights).
56
G.R. Nos. 171947-48, 18 December 2008.
G.R. No. 180771, 21 April 2015.
58
G.R. No. 181527, 21 April 2015.
59
G.R. No. 101083, 30 July 1993.
60
Bernas, J.G. (2003). The 1987 Constitution of the Republic of the Philippines: A Commentary, 2003 ed.;
Manila: Rex Book Store, p. 110.
61
Provide appropriate legal measures for the protection of human rights of all persons within the
Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services
to the underprivileged whose human rights have been violated or need protection.
62
Recommend to Congress effective measures to promote human rights and to provide for compensation to
victims of violations of human rights, or their families.
63
Monitor the Philippine Government’s compliance with international treaty obligations on human rights
64
Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil
and political rights
57
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