SUMMARY OF AMICI EXPERT CONTRIBUTIONS ON JURISDICTION 1
Key Findings and Messages
The Commission’s mandate to investigate the claims raised in the Petition is wellfounded, both in national law as well as in international law practice.
Summary Argument
I.
The scope of the Commission’s mandate in the law of the Philippines
The human rights violations alleged in the Petition fall within the scope of the mandate of
the Commission, as provided for in the Constitution of the Republic of the Philippines.
The Constitution grants the Commission authority to:
1. Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights; ...
3. 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; [and] …
6. Recommend to Congress effective measures to promote human rights and to provide
for compensation to victims of violations of human rights, or their families[.] 2
The Commission’s mandate is further elucidated in the Omnibus Rules of Procedure of the
Commission on Human Rights:
[T]he 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) right to life;
b) right to liberty;
c) right to security …
Rule 2(2): … Corollary thereto, the Commission on Human Rights, in line with its role as
a national human rights institution, shall also investigate and monitor all economic, social
and cultural rights violations and abuses, as well as threats of violations thereof,
1
This summary was compiled with inputs from Asia Pacific Forum of National Human Rights Institutions & the
Global Alliance of National Human Rights Institutions [hereinafter APF & GANHRI] (Annalisa Savaresi, Stirling
University), ClientEarth (Sophie Marjanac), Environmental Law Alliance Worldwide [hereinafter ELAW] (Jennifer
Gleason & Killian Doherty), and Plan B (Tim Crosland) and is based on their previously submitted underlying
amicus curiae briefs.
2
The Constitution of the Republic of the Philippines, Feb. 2, 1987, Art. XIII, §18.
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