EXECUTIVE ORDER NO. 163
EXECUTIVE ORDER NO. 163 - DECLARING
THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ON HUMAN RIGHTS AS
PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING GUIDELINES FOR THE
OPERATION THEREOF, AND FOR OTHER PURPOSES
WHEREAS,
the 1987 Constitution has been ratified by the people;
WHEREAS, the 1987 Constitution has created an Independent office called
the Commission on Human Rights; and
WHEREAS, there is an urgent necessity to constitute the Commission on
Human Rights to give effect to the State policy that “the State values
the dignity of every human person and guarantees full respect for human
rights”
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. The Commission on Human Rights as provided
for under Article XIII of the 1987 Constitution is hereby declared to
be now in existence.
Sec. 2. (a) The Commission on Human Rights shall
be composed of a Chairman and four Members who must be natural-born
citizens of the Philippines and, at the time of their appointment, at
least thirty five years of age, and must not have been candidates for
any elective position in the elections immediately preceding their
appointment. However, a majority thereof shall be members of the
Philippine Bar.
(b) The Chairman and the Members of the Commission
on Human Rights shall not, during their tenure, hold any other office
or employment. Neither shall they engage in the practice of any
profession or in the active management or control of any business which
in any way be affected by the functions of their office, nor shall they
be financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the government, any
of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
(c) The Chairman and the Members of the Commission
on Human Rights shall be appointed by the President for a term of seven
years without reappointment. Appointment to any vacancy shall be only
for the expired term of the predecessor.
(d) The Chairman and the Members of the Commission
on Human Rights shall receive the same salary as the Chairman and
Members, respectively, of the Constitutional Commissions, which shall
not be decreased during their term of office.
Sec. 3. The Commission of Human Rights shall have
the following powers and functions:
(1)
Investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil and
political rights;
(2) Adopt its
operational guidelines and rules of procedure, and cite for contempt
for violations thereof in accordance with the Rules of
Court.
(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
under-privileged whose human rights have been violated or need
protection;
(4) Exercise
visitorial powers over jails, prisons, or detentions facilities;
(5) Establish
a continuing program of research, education, and information to enhance
respect for the privacy of human rights;
(6) Recommend
to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or
their families;
(7) Monitor
the Philippine Government’s compliance with international treaty
obligations on human rights;
(8) Grant
immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation conducted by it or under its
authority;
(9) Request
the assistance of any department, bureau, office, or agency in the
performance of its functions;
(10) Appoint
its officers and employees in accordance with law;
and
(11) Perform
such other duties and functions as may be provided by law.
Sec. 4. The Presidential Committee on Human
Rights, created under Executive Order No. 8 dated March 18, 1986, as
modified, is hereby abolished. The Commission on Human Rights shall
exercise such functions and powers of the Presidential Committee on
Human Rights under Executive Order No. 8, as modified, which are not
inconsistent with the provisions of the 1987 Constitution.
The unexpended appropriations of the Presidential Committee on Human
Rights are hereby transferred to the Commission on Human Rights. All
properties, records, equipment, buildings, facilities and other assets
of the Presidential Committee on Human Rights shall be transferred to
the Commission on Human Rights.
The Commission on Human Rights may retain such personnel of the
Presidential Committee on Human Rights as may be necessary in the
fulfillment of its powers and functions. Any public officer or employee
separated from service as a result of the abolition of the Presidential
Committee on Human Rights effected under this Executive Order shall
receive the benefits to which they may be entitled under existing laws,
rules and regulations.
Sec. 5. The approved annual appropriations of the
Commission on Human Rights shall be automatically and regularly
released.
Sec. 6. All laws, orders, issuances, rules and
regulations or parts thereof inconsistent with this Executive Order are
hereby repealed or modified accordingly.
Sec. 7. This Executive Order shall take effect
immediately.
Done in the City of Manila,
this 5th day of May, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.