CORDILLERA CAREER DEVELOPMENT COLLEGE

BUYAGAN, LA TRINIDAD, BENGUET

COLLEGE OF LAW

In Partial Fulfillment of the course requirement in Law 218-

Human Rights Law

Submitted to: Judge Adolfo Malingan

Submitted by: Vanessa Mendez

Interviewee: Attorney Lyndon Morales, Commission on

Human Rights (Baguio City)
Question: On the President’s war on drugs, what circumstances do you
deem to challenge the probity of the Commission on Human Rights?

Atty. Morales: The current war-on-drugs campaign/program of the

President puts to challenge CHR’s mandate to “investigate all human rights
violations involving civil and political rights”1. Civil and political rights are
innate in every person, and they legally serve as guarantee to citizens against
abuse by the State of its three inherent powers (police, taxation, and eminent
domain). They are laid down under international law, particularly the
Universal Declaration on Human Rights (UDHR) and International Covenant
on Civil and Political Rights (ICCPR). In the country, civil and political rights
are protected under the Bill of Rights of the Constitution. Being such, these
rights are purposely enforced against the State and not against private
individuals. In other words, violation of human rights which are of civil and
political nature enshrined in the Constitution are generally committed by
State agents particularly those clothed with the power and duty to respect
and protect these rights like the PNP, AFP, and other uniformed personnel
of the government. The violation is often committed in excess/abuse of
power or authority. Internationally, human rights violation pertains to the
failure of the State to comply with its duty under international law to protect,
respect, and fulfill human rights. Violation of rights and laws committed by
private individuals are not human rights violations but considered as crimes
and offenses within the mandate of the PNP and other law enforcement
agencies to investigate.

In Bautista vs. Salonga2, the comment of Commissioner Sarmiento was

restated wherein he mentioned that many of the irregularities on human
rights violations (during the martial law period) were principally committed
by members of the military or the Armed Forces of the Philippines, and
members of the executive branch of the government. Commissioner Garcia
added that the police forces and armed forces have tremendous power at
their command so the Commission on Human Rights (CHR) tasked to
investigate human rights violations committed by them must remain above
any political changes in administration and beyond the reach of these forces.

The war-on-drugs campaign of the President is laudable as it has its

best intentions. But like any other good program of the government, there
will always be problems that will arise in its implementation like those
committed by abusive personnel. If these abuses will lead to the violation of
civil and political rights, these constitute human rights violations. Hence,
there is CHR which was mandated to investigate violations of civil and
political (human) rights generally committed by the PNP and AFP. It appears
that police operations nowadays result to the killing or violation of the civil
right to life of many citizens. Unless these killings are justified or exempted
by law, they are human rights violations.
1
Art. XIII, Sec. 18(1), Phil. Constitution.
2
G.R. No. 86439, April 13, 1989.
 But it is not easy for CHR to investigate human rights violations in the
present administration. The President exercises his powers strongly and
excessively that he disregards the rights of suspected citizens protected also
by law. He also has a deficient knowledge/understanding on human rights
which threatens the human rights work not only of CHR but also other
government and international agencies. The president also promised his
absolute support to the PNP and AFP which tends to encourage them to
perform their duties at all cost even to the point of disregarding legal
limitations. This will perpetuate the culture of impunity as regards human
rights violations committed by the armed or uniformed sector of the
government like the PNP and AFP.

Question: Do you concur with the President’s authoritarian stance in dealing

with anything that has to do with drugs?

Atty. Morales: We are a government of laws and not of men. No one is

above the law. Unlike the olden times where the King is the authority, now it
is the people where sovereignty resides and all government authority comes
from.3 Laws are crafted by the people through their chosen representatives.
Laws are the voice of the people. Our laws are paramount, they are supreme.

There is no place in our present democratic government of

authoritarian leaders. Particularly, the President along with congress and
administrative boards is clothed by law with police power. He also has the
highest executive power to implement laws. But this State authority is not
without limit. Human rights or the bill of rights in the Constitution as well as
other laws balance the exercise of the President and other government
agencies of their powers. Human rights counter abuse of authority by the
State.

The duty of the President as head of the Executive branch of the

government is to implement the law. Particularly on the matter of illegal
drugs, there is a law (RA 9165) that PDEA (under the Office of the President)
is tasked to implement with the assistance of the PNP. It bears emphasis that
being within the executive department, their duty is only to implement the
law. The President and those under him (PNP, PDEA, etc.) do not have
legislative power to add provisions to the law. They also have no judicial
power to judge, condemn and impose punishment or penalty to suspected
violators of RA 9165. Again, their duty is only to execute the law by
investigating possible violators thereof and bring them to the proper branch
of the government (Judiciary) in order for the latter to do its mandate to
judge and impose upon them the proper penalty after observing due process
of law.

3
Art. II, Sec. 1, Phil. Constitution.
 The Revised Penal Code implements the Bill of Rights of the
Constitution and punishes the violators thereof. Hence the crimes of
homicide, murder, etc. The Revised Penal Code which is a human rights law
protects the right to life of every person and penalizes anyone who kills
another save those whom the same law exempts.

It appears that the President, in his desire to accomplish his desired

outcomes, disregards basic laws and legal processes. He does not observe
the limitations set by law on his power as the Chief Executive. He forgets that
he is not the authority but the law, and that he alone is not the government
as there are other branches and offices of the State that do the duty to serve
and protect the people. He should also remember that there are
independent Constitutional offices created to watch over government to
ensure that it does its job. The President does not only need to achieve his
purposes but to accomplish them within the bounds of law that he himself
is tasked to execute.

Question: Amidst the criticisms haunting the Commission is the issue about
it being prejudicial to matters concerning the present administration. What
is your stand on it?

“Human rights” is one of the three pillars of the United Nations (UN).
It was UN through international law which pioneered human rights work
among member states in 1948. It is the duty of all UN members that are
parties to international human rights treaties to Respect, Protect and Fulfill
the human rights of their citizens. In fact, the duty of the government is to
serve and protect the human rights of its citizens.4 During the Martial Law
Period, the powers of the government were arbitrarily held by Marcos, and a
number of human rights violations were committed by his armed forces.
Thus, when Corazon Aquino took over, this was the time when human rights
officially entered the Philippines. Our 1987 Constitution now contains a
human rights provision. CHR was also constitutionally created. Its powers are
laid down under Art. XIII, Sec. 18 of the Constitution and implemented by
E.O. 163 issued by former Pres. Corazon Aquino.

Under international law particularly the International Bill of Human

5
Rights , human rights are divided into five categories, namely: Civil, Political,
Economic, Social and Cultural. Besides these, the UN also through the Nine
Core International Human Rights Instruments6 included as human rights the
rights of Vulnerable Sectors like women, children, persons-with-disability,
etc.

4
See Article II, Secs. 3,4 &5, Phil. Constitution.
5
Composed of the Universal Declaration on Human Rights (UDHR), International Covenant of Civil Political Rights
(ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR).
6
See www.un.org
 In the Constitution7, the CHR was given the power to investigate, on its
own or on complaint by any party, all forms of human rights violations
involving civil and political rights. To repeat, CHR can only investigate
violations of civil and political rights. As discussed above, civil and political
rights violations (as provided under international law and the Constitution)
are violated by the State particularly those with the power to respect and
protect the same like the PNP and AFP. Violations of other rights (economic,
social and cultural) or those civil and political rights violations committed by
private citizens are not covered by the constitutional power of CHR to
investigate. These may be crimes and offenses that are within the power of
the PNP and other law enforcement agencies to look into. As regards
violations of economic, social and cultural rights, CHR can only monitor the
same.8

Another function of CHR under the Constitution is to “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 under-privileged whose
human rights have been violated or need protection.” In other words, as
regards, provision of legal assistance, CHR can cater to all persons within the
Philippines as well as Filipinos living abroad.

To distinguish, in as far as investigation is concerned, CHR can only

investigate civil and political rights violations. With regard to economic,
social and cultural rights, CHR will only monitor the same. Concerning the
provision of legal assistance, CHR can offer its services to all persons
including Filipinos living abroad. Moreover, human rights violations
pertaining to civil, political, economic, social and cultural rights are
committed by the State. But violation of vulnerable sectors rights like that of
women, children, PWDs, Indigenous Peoples, etc. can be committed by any
person not necessarily from the government.

Many people do not fully understand what is human rights, and the
functions of CHR. This is the reason why a number of misconceptions about
human rights and CHR arise.

Question: How does Cordillera fare when it comes to human rights

violations?

Atty. Morales: The trend in human rights violations not only in the Cordillera
but the entire country is that civil and political rights violations which were
high during the martial law period slowly dwindle as years go by. We notice
that in the Cordillera, there are lesser violations of civil and political rights

7
Art. XIII, Sec. 18(1), Phil. Constitution.
8
Art. XIII, Sec. 18(7), Phil. Constitution which provides, “Monitor the Philippine Government’s compliance with
international treaty obligations on human rights.
committed by the PNP and AFP. This may be due to our indigenous culture,
and human rights advocacy that CHR does. The human right violations that
prevail are those perpetrated against vulnerable sectors like women,
children, PWDs, Indigenous Peoples, etc. There is also a high rate of violation
committed by the New Peoples Army against civilians who are not actively
involved in the armed conflict. Lately, when the war on drugs began, human
rights violation of the civil right to life drastically rose. This kind of human
rights violation to the right to life outside judicial process is called by the UN
as “Extra-judicial Killing or EJK”.

Question: Do you think the Commission plays a vital role in our relentless
campaign for autonomy?

Atty. Morales: CHR supports the right to determination of indigenous

peoples like those in the Cordillera. The UN Declaration on the Rights of
Indigenous Peoples to which the Philippines is a party, and its domestic
version, the Indigenous Peoples Rights Act are human rights instruments.
Hence, CHR-CAR is one of the active agencies and members of the NEDA-
CAR Regional Development Council that campaign for Cordillera Autonomy.
In fact, in our regular human rights promotion activities in the various
provinces of the Cordillera, we allotted time to discuss about autonomy with
an accredited speaker doing the lecture. We believe that our human rights
can best be protected and promoted if we have an autonomous local
government in the Cordillera.