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scope of its investigations to military violations of human rights only. It
was thought that ‘operational guidelines’ is a more neutral expression but, at
the same time, is adequately flexible.”96
2.54. In consonance with its constitutional mandate, this Honorable
Commission adopted its own Omnibus Rules, which provide for the scope
of its jurisdiction, to wit:
“Section 1. Pursuant to Sections 17 to 19, Article
XIII of the 1987 Philippine Constitution, in relation to
Executive Order No. 163, dated 5 May 1987, and relevant
international human rights instruments, the Commission
on Human Rights shall take cognizance of and
investigate, on its own or on complaint by any party, all
forms of human rights violations and abuses involving
civil and political rights, to include but not limited to the
following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
right to life;
right to liberty;
right to security;
right to respect for one’s dignity;
freedom from slavery and involuntary servitude;
freedom from torture, cruel, inhuman or degrading
treatment and punishment;
right to protection from enforced disappearance;
freedom from arbitrary interference with one’s
privacy, family, home, or correspondence;
freedom from arbitrary arrest, detention or exile;
freedom of movement and residence;
freedom of thought, conscience and religion;
freedom of the press, speech, opinion and
expression;
freedom from discrimination;
right to marry and to found a family; and
right to own property.”97 (Emphasis supplied)
2.55. The Petition explicitly names the right to life, which is included
in the above enumeration. Nonetheless, while the Honorable Commission
enumerates many civil and political rights, the list is not exclusive and does
not preclude other rights, such as the other rights mentioned in the
Petition. These include the rights: (a) to the highest attainable standard of
physical and mental health; (b) to food; (c) to water; (d) to sanitation; (e) to
adequate housing; and (f) to self-determination of those particularly likely to
be affected by climate change, including (1) women; (2) children; (3)
persons with disabilities; (4) those living in extreme poverty; (5) indigenous
peoples; (6) displaced persons; and (7) workers, as well as the right of
Filipinos to development. The words “to include but not limited to the
96
97
Bernas, J.G. (2003). op cit., p. 1226.
Section 1, Rule 2 of the Omnibus Rules of the Commission.
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