19
2.36. Also, the Honorable Commission was empowered by the
Constitution65 to “adopt its operational guidelines and rules of procedure.”
In fulfillment of said constitutional directive, the Honorable Commission
issued its Omnibus Rules66. Section 2, Rule 2 thereof specifically provides
that, in line with its role as a national human rights institution, the Honorable
Commission “shall also investigate and monitor all economic, social and
cultural rights violations and abuses, as well as threats of violations
thereof, especially with respect to the conditions of those who are
marginalized, disadvantaged, and vulnerable,” as most of the petitioners
herein. Likewise, Section 3, Rule 7 of the Omnibus Rules of the
Commission states that the subject of public inquiry includes “human rights
cases and/or issues involving civil and political, or economic, social, and
cultural rights which are of domestic and/or international
implication/importance . . . .”
2.37. Respondent Shell argues that the Honorable Commission’s
“unilateral attempt to extend its jurisdiction to socio-economic rights by
means of its rules of procedure is invalid and unconstitutional.”67 According
to respondent Shell, it is only the Congress that has authority to expand the
Honorable Commission’s jurisdiction to hear cases other than human rights
violations involving civil and political rights.68
2.38. Respondent Shell terribly misses the point. At the risk of
sounding repetitious, unlike Section 18(1), 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), and the authority of the Honorable Commission to
set its “operational guidelines” was, according to Fr. Bernas, adopted in
lieu of authority to ‘set its own priorities’ in order to avoid the suspicion
that the Commission might narrow the scope of its investigations to
military violations of human rights only.69
2.39. This is not merely semantics, or a play of words. The framers
of the Constitution intended not to restrict or limit the Honorable
Commission’s investigatory, recommendatory, and monitoring powers.
Effective investigation, monitoring, and development of recommendations
entail a comprehensive, holistic, and integrated approach. This is because
human rights is multi-faceted and denotes universality -- it is not singular,
65
Section 18(2), Article XIII of the Constitution.
Guidelines and Procedures in the Investigation and Monitoring of Human Rights Violations and Abuses,
and the Provision of CHR Assistance (“Omnibus Rules of the Commission), April 2012, available at
http://www.chr.gov.ph/MAIN%20PAGES/about%20us/PDF/FINAL_APPROVED_8.31.2012.pdf, last
accessed on 06 February 2017.
67
No. I (E), pp. 29-33 of respondent Shell’s Motion to Dismiss Ex Abundanti Ad Cautelam dated 09
September 2016.
68
supra., note 67.
69
Bernas, J.G. (2003). op cit., p. 1226.
66
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