9
using the word ‘JURISDICTION’ which might be
confused with the jurisdiction of the regional trial
courts, the municipal courts, we put ‘AUTHORITY’. I
think that will be a more appropriate term in defining the
scope of the work of the commission. Is that acceptable to
Commissioner Nolledo?
xxx
MR. DE LOS REYES: So, it
‘AUTHORITY’ instead of ‘JURISDICTION’.
will
be
THE PRESIDENT: Is that acceptable?
MR. NOLLEDO: I will accept the amendment,
Madam President.
MR. SARMIENTO: The amendment is accepted,
Madam President.”16 (Emphasis supplied)
2.6. When the Honorable Commission exercises its “jurisdiction,”
or authority to be more precise, it acts according to its special investigatory,
recommendatory, and monitoring mandate, not as a court of law that needs
to acquire -- in its technical sense -- jurisdiction over the person and subject
matter before it can hear and decide a legal controversy.
2.7. As will be discussed below, the Honorable Commission has the
authority to take cognizance of the Petition and proceed with the national
public inquiry.
B.
The
Honorable
Commission
has
authority to conduct national public
inquiry concerning the respondents.
B.1. The service of the Petition and Order requiring
respondents to comment is proper and sufficient
considering the nature of the current
proceedings, which is primarily investigative -not prosecutorial or judicial -- in character.
2.8. At the outset, it must be emphasized that the current inquiry is
not judicial, but chiefly investigative in character. Hence, the rigid and
exacting construction of the legal concept of “jurisdiction,” as explained, is
inapplicable to the Petition.
16
Deliberations of the Constitutional Commission in the creation of the Commission on Human Rights,
Sponsorship Remarks of Commissioners Sarmiento and Garcia, pp. 167-168, as found in Human Rights
Legislative Agenda Resource Book, available at http://www.ombudsman.gov.ph/UNDP4/wpcontent/uploads/2013/03/HR-Legislative-Agenda-Resource-book-1.pdf, last accessed on 01 January 2017.