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CHR Annual Report 2011: Human Rights Protection

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CHR Annual Report 2011

HUMAN RIGHTS PROTECTION

I. DOCUMENTATION OF HUMAN RIGHTS COMPLAINTS

CHR’s improved use of the Martus-Based Information Executive System (MAREIS) enabled the
Commission to generate a significant number of complaints received by each regional office,
including the victims and perpetrators therein.

Table 1.
Number of Complaints Received by Source
January – December 2011

Source Number
Walk-in/ Regional Office 2,707
Investigative Monitoring 26
BHRAC 15
Motu Proprio 240
Total 2,988
Source: MAREIS

From the 2,988 complaints received nationwide, a total of 3,476 victims and 3,766 perpetrators
were registered. Sex-disaggregation of data reveals much more male (1,238) than female (814)
victims. Consistently, there were more male perpetrators (1,980) than females (264). However, the
gender of 1,493 victims and 1,411 perpetrators was not indicated.

A total of 2,155 complaints have undergone preliminary evaluation to determine CHR jurisdiction as
well as the kind of services or actions to be undertaken. Of the cases evaluated, only 237 complaints
required full-blown investigation while 1,087 needed legal counseling services.

Table 2.
Number of Cases Evaluated
January-December 2011

Source Number
Legal Counseling 1,807
For Investigation 237
Not Specified 36
No HRV/Referred 32
For Consolidation 3
Total 2,115
Source: MAREIS

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CHR Annual Report 2011

✓ Extra-Judicial Killings (EJKs), Enforced Disappearance (ED) and Torture

The number of EJK, ED and torture incidents decreased in 2011 as compared in the last 2 years:

Table 3.
Verified Cases of EJK/ED/Torture by Year and by Victim
2009 2010 2011
Case Type Number Number of Number Number Number Number of
of Cases Victims of Cases of Victims of Cases Victims
EJK 103 194 85 149 75 121
ED 31 42 37 123 7 28
Torture 22 32 61 136 50 66
Source: LIO

Among the 2011 high profile cases being investigated are the following:

✓ Killing of Father Fausto “Pops” Tentorio

On 17 October 2011, Fr. Fausto Tentorio, an Italian missionary of the Pontifical Institute for Foreign
Missionary (PIME) was shot dead by a lone gunman at the premises of the Mother of Perpetual Help
Parish Convent in Arakan, Cotabato while said priest was about to open his car. Fr. Fausto has been
known for advocating the interest of the Lumads in Cotabato and opposing the operation of certain
banana plantations, mining, logging, and the construction of a dam in the area.

On 29 December 2011, the alleged gunman, Jimmy Ato was captured in the same Arakan Township
in Cotabato Province, where the Reverend had served as a parish priest when he was killed outside
his church.

✓ Death of Erick Joseph Apura Due to Hazing

On 7 May 2011, Erick Apura, a 17-year old probationary midshipmen trainee of the Philippine
Merchant Marine Academy (PMMA) died at Divine World Hospital, Tacloban City where he was
confined due to physical injuries inflicted by senior midshipmen in PMMA. According to NBI-
CELRO’s finding, the victim died due to hazing. Prior to his death, the victim was able to confide in
his brother Excel Apura, Jr., of the facts of his ordeal, thus prompting his parents to file criminal and
administrative cases against perpetrators.

An investigating group was dispatched to probe on the case, and was tasked to coordinate with the
concerned government agencies, particularly NBI-CELRO. The group was able to gather
documents such as a copy of the findings of the NBI-CELRO, affidavit of Ted Lawrence Tuy y
Banata, and a copy of the letter of Excel Apura, Jr. addressed to Ombudsman Conchita Carpio
Morales.

On 17 August 2011, the Prosecutor’s Office conducted a preliminary investigation. There is a


pending administrative case with the Office of the Ombudsman for Luzon against the school
officials, as filed by the victim’s father. The Commission is continuously monitoring the case.

✓ Arrest and Torture of Abdulkhan Balinting Y Ajid

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CHR Annual Report 2011

On 23 July 2011, Abdulkhan Balinting, an alleged Abu Sayyaf member was arrested on the strength
of a warrant by the Philippine Army but on a different name. The soldiers ransacked the victim’s
house but could not find any firearms, thus taking the victim with them on board a military vehicle.

On 26 July 2011, the family of the victim received reports that Balinting was seen under the custody
of the military inside the brigade compound, with his feet tied. Subsequently, the victims’ family
filed a Petition for the Issuance of a Writ of Habeas Corpus which the court granted. On 27 July
2011, the apprehending military officers produced the body of the victim before the court with
signs of torture, particularly severe burnt injuries in the different parts of the body.

On 1 August 2011, CHR officially requested the Zamboanga City Police to provide security to the
victim while confined in the Zamboanga Medical City Center due to his worsened physical
condition.

On 2 August 2011, the Commission interviewed the victim and drafted the latter’s sworn affidavit.
On the following day, said victim was informed by the Commission that the military personnel
involved in his maltreatment/torture were already identified. The victim and his family engaged the
services of a private counsel.

✓ Hostage Taking in Agusan del Sur

On Friday, 1 April 2011, five armed men from the Manobo tribe hostaged 16 civilians in the
municipality of Prosperidad, Agusan del Sur, most of whom were teachers and schoolchildren
coming from a graduation ceremony. The hostage-takers demanded the release of their relative,
Ondo Perez, who is incarcerated for charges of murder and hostage-taking of some 75 people back
in 2009. They also asserted their right to their ancestral domains which, according to them, was not
being recognized and respected by the government.

The CHR was one of the first agencies contacted by the group of Ondo Perez to help negotiate with
the hostage-takers. When the local government unit formed the Crisis Management Committee
(CMC), the CHR took the lead in the legal team tasked to review and expedite the legal processes in
relation to the pending cases of Ondo Perez. The legal team is also composed of the Department of
Justice (DOJ), Public Attorney’s Office (PAO) and the National Commission on Indigenous Peoples
(NCIP).

The CHR Office in Caraga, directly participated in the negotiations with the hostage-takers who
then released and abandoned their hostages when they learned of the progress in the pending
cases of Ondo Perez.

✓ Indiscriminate Firing at Doña Remedios Trinidad

On 19 July 2011, an indiscriminate firing allegedly committed by the soldiers of the 56 th Infantry
Battalion (IB) resulted to the death of Nicanor Mariano and wounding of Norman Mariano while
both men were sleeping inside their hut situated at Sitio Batong Munti, Brgy. Camachile, Doña
Remedios Trinidad, Bulacan. The said soldiers have mistaken the victims to be members of the
New People’s Army (NPA). Norman, the surviving victim alleged that during his confinement at V.
Luna Hospital, he was forced by the soldiers of the 56 th IB to admit that he is a member of the NPA

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CHR Annual Report 2011

and out of fear, he was forced to sign a blank paper.

The Commission obtained the sworn statements of key witness, conducted an ocular inspection of
the crime scene, and recovered 43 empty shells from unknown caliber of firearms which were then
endorsed to the Philippine National Police (PNP) Regional Crime Laboratory Office III for
comparison with the slugs found inside the buttocks of Norman and the cadaver of Nicanor. It then
requested Armed Forces of the Philippines (AFP) to allow members of the 56 th IB of the Philippine
Army (PA) to submit their respective issued firearms for ballistic examination and cross matching
with the recovered 43 shells and 2 slugs.

✓ Ambush of Scout Rangers in Basilan

On 18 October 2011, elite forces (Scout Ranger) of the Philippine Army were ambushed in Al-Barka,
Basilan which resulted in the death of its 19 soldiers and the wounding of 14 members, when they
tried to serve the warrant of arrest against MILF Commander Dan Asnawi for multiple murder and a
certain Abu Sayyaf Commander Lung Malat.

On 24, October 2011, another ambush carried out by an unidentified group resulted to the killing of
five rubber tappers and the wounding of several others in Sumisip, Basilan. As a result of the
conflicts, based on the Department of Social Welfare and Development (DSWD) Provincial Office
record, the total number of internally displaced persons (IDPs) rose from 11,372 to 12,800.

The CHR investigating team made a follow up investigation of the ambush incident and they were
able to gather information that the victims have no known enemies, except that the cooperative
where they were employed received an extortion letter from the alleged group of Moro Islamic
Liberation Front (MILF) in their area. The affidavit of the surviving spouses of the deceased and the
wounded victims were taken in preparation for their claim of financial assistance from the CHR. The
Commission also found out that the displaced residents have not returned to their respective
homes for fear that the Philippine government will retaliate and undertake offensive action against
the perpetrators.

✓ Burning of Twelve Victory Liner Buses and a Pick-up Truck

On 25 September 2011, the members of the local communist movement called “Pinagsanib na
Sangay ng Tarlac-Zambales (PNS-TARZAM) burned 12 buses and a pick-up truck owned by Victory
Liner Inc., in Capas, Tarlac. Prior to the burning of the buses, a security guard on duty sustained an
injury in his middle finger, which was hit by a bullet that ricocheted when one of the armed men
shot at a barking dog. Further, these armed men took three 9 mm. issued pistols of the security
guards of Victory Liner Inc. as well as their cellular phones.

On 29 September 2011, the Commission issued an advisory condemning in the strongest sense, the
unjustified burning of 12 buses and pick-up truck owned by Victory liner Inc. The advisory also
stated that a similar incident occurred at the same place on 21 July 2010, wherein armed men
claiming to be members of New People’s Army (NPA) entered the compound and burned two buses
as an offshoot of the bus company’s refusal to lend support by paying revolutionary taxes to the
NPA.

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CHR Annual Report 2011

As of 29 September 2011, manhunt operation has been undertaken by the joint elements of the
Provincial Public Safety Company and the 3rd mechanized battalion of the Philippine Army (PA) and
appropriate criminal charges have been prepared.

➢ Business and Human Rights/ESCR Cases

✓ Taganito Mining

On 3 October 2011, the facilities of Taganito Mining Corporation (TMC), Taganito High Pressure
Acid Leaching Plant (THPAL-Sumitomo, a sister company of TMC), and Platinum Group Metals
Corporation (PGMC) were attacked by rebels. The smelting plant and guest house, 132 dump
trucks, 22 backhoes, 9 barges, 2 cranes, 2 bulldozers, excavators, a compactor and a grader were
set on fire and the newly-constructed heavy duty wharf of the nickel firm was also blasted. Some
of the rebels were New People’s Army (NPA) members mostly composed of young and indigenous
people armed with high-powered firearms while some were identified as workers of the nickel firms
and residents nearby.

During the raid, the rebels disarmed the companies’ security guards and seized their firearms and
briefly took hostage of several company workers and mining executives whom they released later.
The rebels have also voiced out their demand to increase the minimum wage and equal rights for
workers.

The Commission conducted investigations and it was found out that 14 high school students,
mostly children of the affected workers who were left jobless after mining operations stopped
requested for certificate of transfer. A public condemnation against NPA communist guerillas
belonging to the Pulang Diwata Command of the North-Eastern Mindanao Region for launching an
attack against the mining firms which are not considered as military targets, resulting in business
and job losses was recommended. Moreover, a close monitoring of the case is being undertaken for
possible human rights violations which might have been committed against civilians after the
Armed Forces of the Philippines (AFP) ordered offensives against the raiders including other rebel
groups.

✓ Alleged Forcible Eviction (Demolition), Harassment Against the Members of


San Miguel Neighborhood Association, Puerto Princesa City, Palawan

A letter-complaint dated 31 August 2011 was filed by Ana Liza Landicho, President of the San
Miguel Neighborhood Association (SMNA) of Puerto Prinsesa City alleging the following: 1) they
experienced and continue to experience harassment and intimidation, human rights violation from
officers and personnel of the 570th Composite Tactical Wing, Philippine Air Force (PAF), Antonio
Bautista Airbase, particularly B/Gen. Esteban Castro, Commanding Officer, Col. Raymundo
Elefante, Deputy Commander, Maj. Atty. Rubelito Rumpon, Wing Staff Judge Advocate, and Mr.
Antonio Reyes, Director, Bantay Puerto, Puerto Princesa; 2) demolition of temporary structures
they built on the disputed property with the use of a bulldozer; 3) fencing, by the Armed Forces of
the Philippines (AFP), a part of the disputed property that the residents have utilized before; and 4)
unlawful issuance of a demolition order by the City Mayor of Puerto Prinsesa. She has also alleged
that there was also threat of arson.

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CHR Annual Report 2011

The Commission created a fact-finding team that investigated the allegations in the complaint.
Moreover, the CHR Team had an ocular inspection of the demolition site and a dialogue with the
officers alleged in the complaint and the stakeholders. A post dialogue was held between the CHR
Chairperson; 3 officials of the PAF namely Lt. Col. Andres S. Sunio, Jr., Lt. Col. Roper John B.
Estepa; Col. Joven F. Ronan, the Chairman of the National Anti-Poverty Commission (NAPC); and
Hon. Edward Hagedorn, the incumbent Mayor of Puerto Princesa City.

As of 9 October 2011, Mayor Hagedorn ordered an indefinite suspension of the impending


demolition until all stakeholders will come into a dialogue to be presided by the CHR Chairperson
and the Mayor.

✓ Child Rights Violations

The CHR conducted investigations, fact-finding missions, Multi-sectoral quick reaction team
(MSQRT) and alternative dispute resolution (ADR) on various violations on children’s rights. A total
of 64 cases of child abuse were investigated by the regional offices and out of this number three (3)
cases were closed for monitoring while a total number of 14 cases were referred by the regional
offices to different agencies such as Department of Education (DepEd), National Police
Commission (NAPOLCOM) and Ombudsman. Likewise, Region 10 conducted one (1) fact-finding
mission regarding a custody complaint filed against the Department of Social Welfare and
Development (DSWD) and Philippine National Police (PNP) and one MSQRT on a custody and
support complaint of a father.

II. RESOLUTION OF HRV CASES

In 2011, the Commission resolved a total of 542 cases including those cases that were filed during
the previous years. Of this number, 36% were resolved for filing and monitoring in courts or other
agencies for prosecution or administrative action while 11% were resolved thru alternative dispute
resolution (ADR). In addition to the cases filed in courts/agencies, another 48.70% of resolved
cases were established to be human rights violations although these were archived or closed/
terminated.
Table 4.

Breakdown of Cases Resolved by Disposition


January – December 2011

Dismissed/ Closed/ Revert for


Archived Filing and
Region ADR Archived Closed Terminated Further Total
with HRV Monitoring
Terminated with HRV Investigation
NCR 5 - - - 39 21 - 65
CAR 10 - 1 - 21 - - 32
I - - - - - 2 - 2
II 7 1 - - 12 10 - 31
III 35 - 3 - 8 12 - 58
IV - - 7 - 32 2 - 41
V 1 - 3 - 26 16 1 47
VI - - - - 1 7 - 8

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CHR Annual Report 2011

VII - - 1 5 8 13 - 27
VIII - - 13 - 33 42 - 88
IX 4 2 9 - 27 28 - 70
X - - - 4 2 2 - 8
XI - - 1 - 8 10 - 19
XII - 1 0 8 - 17 1 27
CARAGA - - 3 - 6 11 - 20
Total 62 4 41 17 223 193 2 542
Source: LIO

✓ En banc Case Resolutions

➢ Resolution on the Alleged Abduction and Torture of Melissa Roxas, Juanito


Carabeo and John Edward Jandoc at La Paz, Tarlac on May 19, 2009

On 9 May 2009 at the house of Mr. Jesus Paulo in Brgy. Kapanikian, La Paz, Tarlac, Melissa Roxas, a
member or Habi-Arts and Bayan’s United States Chapter along with two others identified as John
Edward Jandoc and Juanito Carabeo were forcibly taken against their will. For several days, she was
subjected to various forms of torture and was forced to sign a document stating that she was a
member of the New People’s Army (NPA).

The Commission found out that complainant Melissa Roxas was forcibly taken by unidentified men
along with two of her companions and was kept in captivity against her will. Hence, constituting
violation of her human right to be secured as a person, her right to liberty and her right not to be
arbitrarily and involuntarily detained.

The commission recommended that the case be forwarded to Philippine National Police (PNP) and
National Bureau of Investigation (NBI) for further investigation particularly in terms of identifying
the perpetrators of the human rights abuses and the crimes committed against complainant and
her companions. Moreover, the Commission, reminded that concerned government agencies such
as the PNP and AFP together with the CPP-NPA of their duties and obligations under the
Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law
(CARHRIHL) particularly the Geneva Convention. Further, the Commission also recommended that
the government ratify the International Convention for the Protection of All Persons from Enforced
Disappearance and as for the Non-Government Organizations (NGOs) to place proper safeguards
in the conduct of their immersion and/or exposure programs to avoid any eventuality of
disappearance and killing.

➢ Resolution on the Displacement Complaint of Residents of Didipio, Kasibu,


Nueva Vizcaya

On 24 June 1994, President Ramos entered into Financial and Technical Assistance Agreement
(FTAA) with Arimco Mining Corporation (AMC) now known as Oceana Gold Philippines, Inc. (OGPI),
a foreign company, for the exploration, development and utilization of minerals located in about
37,000 hectares of land situated in the provinces of Nueva Vizcaya and Quirino including the area of
Barangay Didipio in Kasibu, Nueva Vizcaya.

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CHR Annual Report 2011

In June 2008, reports and complaints were filed with the CHR alleging that OGPI had illegally and
violently demolished some 187 houses in Didipio. This was allegedly done despite failing to secure
writs or special orders of demolition from the court, unaccompanied by the Sheriff, without
payment and just compensation, and without providing alternative options for relocation and
resettlement. These demolitions were reported to have been attended by unnecessary violence and
destruction such as: residents who resisted and tried to save their homes had been beaten,
including their neighbors who helped them; houses had been bulldozed off cliffs and set on fire.
The residents of Didipio were deprived of their social and economic activities when OGPI fenced off
large sections of the roads and pathways which were relied upon by the community to transport
their farm products and to make it worse, the PNP-Regional Mobile Group serves as a private
security force of OGPI.
The Commission conducted investigations since 02 October 2009 and has continuously monitored
the situation. Moreover, the Commission in its 10 January 2011 resolution found that human rights
violations were indeed committed. Hence, it recommended the government to consider the
probable withdrawal of the Financial and Technical Assistance Agreement (FTAA) granted to OGPI,
for other concerned government agencies to submit reports to the Commission regarding concrete
actions they have taken to respect, protect and fulfill the rights of the affected community in
Didipio, Nueva Vizcaya within 30 days upon receipt of the CHR Resolution and to continue
monitoring the human rights situation in the said area, for OGPI to conduct a policy orientation on
the conduct of mining operation and directed the CHR Region II office to actively advocate for the
human rights of the affected community.

✓ Cases for Filing and Monitoring

Table 5 below illustrates that a total of 234 resolved cases for filing and monitoring were filed with
the courts and different agencies. Of this number, 58% were filed with the Prosecutor’s Office,
followed by the Ombudsman with 21% and DOJ with 7.6%

Table 5.
Breakdown of Resolved Cases for Filing
and Monitoring by Court or Agency
January – December 2011

Result Number
1. Prosecutor’s Office 135
2. Ombudsman 48
3. DOJ 18
4. RTC 12
5. AFP 5
6. NAPOLCOM 5
7. PLEB 4
8. PNP/IAS 4
9. DILG 2
10. CSC 1
Total 234

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CHR Annual Report 2011

Source: MAREIS

✓ Status of 2010 HR High Profile Cases

✓ Ampatuan- Maguindanao Massacre

The CHR has constantly monitored the multiple murder case filed against the Ampatuans pending
before the Quezon City Regional Trial Court Branch 221, by attending court proceedings as
observers, and through tri-media and other sources.

As of 1 December 2011, presentation of evidences for the Prosecution and the hearing for the
petition for bail filed by the accused were held. The total number of the accused was 196, as to
those arrested 93, accused arraigned 65, and those not yet arrested were 28.

✓ Binayug Case

An exclusive torture video of a suspected robber being tortured by a police officer inside a precinct
in Asuncion, Tondo, Manila has been handed over to the media. It was believed that the victim in
the said video died due to the torture he suffered.

On 6 October 2010, the CHR issued a resolution creating a CHR composite team that closely
monitored the proceedings of the criminal and administrative cases filed against P/SI Joselito
Binayug. The police officers involved have been criminally charged for violation of the Anti-Torture
Law while P/SI Binayug was dismissed from the police service effective January 2011 due to the
administrative case of Grave Misconduct filed against him.

On 3 November 2011, Judge Alisuag of the Manila Regional Trial Court issued arrest warrants
against the seven Manila Policemen in connection with the aforesaid case, namely, Inspector
Rogelio Rosales Jr., Senior Inspector Joselito Binayug, SPO3 Joaquin de Guzman, SPO1 Rodolfo
Ong Jr., SPO1 Dante Bautista, PO1 Nonito Binayug and PO1 Rez Binayug.

✓ Leonard Co

On 15 November 2010, the team of Dr. Leonard Co, a Biodiversity Consultant of Energy
Development Corporation (EDC) went to Sitio Mahi-aw in Brgy. Lim-ao, Kananga, Leyte, for a field
work on the Binhi Project of EDC. Around 12 noon, a volley of gun shots was heard.

Officers of the 19th Infantry Battalion (IB) of the Philippine Army (PA) filed a blotter report before
the Kananga Police Station re: the 19th IB encounter with more or less ten (10) persons armed with
long fire arms believed to be members of Communist Terrorists, and that after the firefight, during
clearing operations, they found three (3) dead bodies, including that of Dr. Co. The cadavers were
then brought to Kananga Community Hospital and later to the Funeral Homes for Post Mortem
Examination.

In response to the blotter report, officers from the Kananga Police Station proceeded to the

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CHR Annual Report 2011

encounter site to investigate. However, they were informed by the 19th IB that pursuit operations
were still ongoing, preventing the police to conduct immediate investigation. On 16 November
2010, PNP SOCO was able to visit and inspect the site.

CHR established a Quick Investigation Team in CHR Region VIII to investigate the case. It also
established a CHR Composite Investigation Team composed of the CHR VIII Regional Director, CHR
lawyers and doctors from the Central Office, among others. Further, it deputized a forensic
pathology expert, Dr. Racquel Fortun.

On 12-14 December 2010, a Fact Finding Mission to Kananga Leyte was led by Commissioner
Norberto Dela Cruz. This was followed by Public Inquiries held on 26-27 January 2011 in Tacloban
and on 21 February 2011 in Manila. Likewise on 13 June 2011, a Case Conference was held on the
result of the ballistics examination of the twenty seven firearms.

CHR submitted documents and participated in the Preliminary Investigation conducted by the
Department of Justice (DOJ) panel in the case of Dr. Leonard Co, et al. Moreover, it has issued an
Order dated August 2011 addressed to National Bureau of Investigation (NBI) and PNP VIII for the
submission and examination by the PNP Crime laboratory, Crame of FCCs and metal/bullet
fragments. It has also ordered 19th IB for the resubmission of the 10 firearms for retesting and such
CHR order was served on 12 August 2011. On 6 December 2011, pursuant to the order, the nine (9)
firearms were test fired in Palo Leyte for the purpose of obtaining standards for the ballistic
examination.

✓ Davao Death Squad

This case involves a wave of unexplained killings of more than 800 people in Davao City since 1998.
Many of the victims are purportedly with criminal records, giving rise to suspicions that the killings
were the work of the so-called Davao Death Squad (DDS), a vigilante group. The victims included 73
children. The DDS was attributed to the former Mayor of Davao City, who denied the existence of
the vigilante group and blamed the killings on gang wars, rivalries in the illegal drugs trade and
personal grudges.

The CHR conducted a series of Public Inquiries in Davao City and Manila to find out the truth about
the existence of the death squad, determine the extent of human rights violations, examine the
causes of the killings and study measures to address them, and seek the support of government
agencies and civil society groups in order to expedite an investigation. The Commission is set to
issue its Resolution on the findings of its investigations and public inquiries.

✓ Bataan City Jail Riot

On 16 October 2010, the Bureau of Jail Management and Penology (BJMP) suspended the visitation
rights of prisoners in Bataan City jail due to the construction of the permanent structures for the
prisoners’ conjugal visits. About 600 inmates staged a noise barrage protesting the dismantling of
the “kubols” being undertaken by the BJMP. Simultaneously, the inmates started to damage and
destroy cell padlocks, gate barrel bolts, galvanized iron plates, drainage steel coverings and other
properties. Concerned that the situation might go out of control, the BJMP decided to use force.
Fifty-seven (57) inmates were injured in the incident.

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CHR Annual Report 2011

The CHR investigated the violent and inhuman treatment of the said inmates who staged a protest
at the Bataan City Jail. It held a meeting with Governor Tet Garcia and BJMP Officials; and its
Forensic Team conducted medico legal examinations on the injured inmates.

Upon the recommendations of the CHR, the welfare of the inmates and their families were given
immediate and proper attention by BJMP and Provincial Government. Also, the Jail Warden was
relieved from his post. BJMP Region III filed an administrative case against the BJMP respondents.
✓ Arrest and Torture of Ronnel Victor Cabais

On 5 April 2010, Ronnel Victor Cabais was arrested without warrant by soldiers of the 2 nd Infantry
Battalion (IB), 9th IB, Philippine Army at Sitio Mararag, San Jose Libon Albay. He was allegedly
tortured by said soldiers from the time of his warrantless arrest until the time he was brought to the
detachment located at Villa Petrona, Libon, Albay, where complainant was severely interrogated
and further tortured by several persons, forcing him to admit his supposed affinity with the NPA.

Cabais only identified Cpl. Bienvenido I. Ajero as one of his torturers because he was blindfolded by
his captors. More so, Cabais personally saw Cpl. Ajero as the one who filed the criminal cases for
rebellion/insurrection and violation of the COMELEC gun ban against him at the Prosecutor’s Office
– Ligao City. Said charges were filed based on the alleged retrieval of subversive documents and
unlicensed firearms and ammunitions inside the backpack of Cabais.

The Commission conducted an independent investigation on the matter and found the existence of
human rights violation. On 12 October 2010, a resolution was issued recommending for the filing of
criminal case for violation of the Anti-Torture Act of 2009 against respondents and the grant of
financial assistance to Cabais.

On 7 December 2010, the Office of the Provincial Prosecutor of Albay resolved that there is
probable cause to indict Cpl. Bienvenido Ajero for the crime of torture. Likewise, Lt. Joel M. Santos,
the immediate commanding officer and/or senior public official was indicted under the principle of
command responsibility.

As of 1 December 2011, the case filed against the respondents was archived because they cannot be
located. The subpoena issued by the Office of the Provincial Prosecutor was not served to the
respondents as they were no longer assigned at the 2nd Infantry Battalion, 9th Infantry Division,
Philippine Army. CHR wrote a letter dated December 1, 2011 to then Chief of Staff Gen. Eduardo
Oban, requesting for assistance in locating the respondent-soldiers.

✓ Erick, Raymund and Rosmel Miraflores

In the early morning of 2 June 2010, an encounter between the government forces and the
elements of another armed group occurred. The bodies of the Miraflores Brothers were found dead
on a private farm lot located at Sitio Lomboy, Brgy. Malabon, Candelaria, Zambales. The re-
autopsy on the cadavers conducted by Dr. Eduardo T. Vargas Jr., Medico-Legal Officer of NBI
Regional Office 3, revealed that there are signs that the victims were tortured; but the burns on
their bodies caused by a lighted cigarette were not conclusive if they were still alive when said act
was committed. The family of the victims denied that they were members of the
Rebolusyonaryong Hukbo ng Bayan (RHB) that are based in Zambales and fighting the
government.

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CHR Annual Report 2011

The Commission made an ocular inspection on the farm lot where the cadavers were found and
recovered pieces of evidence which made them conclude that an encounter between the
government forces and another armed group occurred. However, it was not settled if the victims
were actually involved in the encounter which resulted to their killings, since there are no witnesses
to prove the same. Hence, the case is pending and the final investigation report containing the
resolution of the issue posed is yet to be prepared and submitted.
✓ Taysan 3

On 3 June 2010, Ronilo Baes and Romiel Cañete were blindfolded and taken by some elements of
the 743rd Combat Group of the Philippine Air Force (PAF) to their camp where the two underwent
interrogations. During the interrogation, a PAF soldier aimed his gun at Ronilo and boxed him.
When said victim asked for water, he was given water which tasted like soap. As for Romiel, PAF
soldiers pierced the former’s head with a ball pen. The former passed out and thereafter, softdrinks
were poured on him. He was also boxed and kicked and wires were tied to his wrists which were
tightened. For the next 4 days until their transfer to Batangas Provincial Jail, the two men
continued to experience force and one Maricon Montajes, was hit by shrapnels after she heard
some gunshots. Moreover, a gun was aimed at her and her hands were tied at the back during said
transfer.

The three detainees were charged with violations of PD 1866 (Illegal Possession of Firearms) before
the Regional Trail Court (RTC) Branch 87, Rosario, Batangas.

On 18 August 2011, a team from CHR IV Office went to Batangas Provincial Jail for investigative
monitoring after a verbal referral phone call from Congressman Antonio Tinio on the said matter.

The trial is still on-going and CHR is continuously monitoring the case. Ronilo Baes was charged
with frustrated Homicide, while Romiel Cañete and Maricon Montajes were released.

✓ Illegal Arrest and Torture of Lenin Salas , Et Al. Case

On the night of 3 August 2010, Lenin Salas, Rodwyn Tala, Jose Gomez, Daniel Navarro and Jerry
Simbulan were illegally arrested by joint elements of Pampanga PNP/PPSC and PNP/RMG in
Barcelona Village, Brgy. Sindalan, San Fernando City, Pampanga on suspicion that they were
members of the Rebolusyonaryong Hukbo ng Bayan. They were allegedly tortured for 18 hours in
Pampanga Police Office led by Col. Madzgani Mukaram and were charged with illegal possession of
fire arms, ammunitions and explosives and murder.

On 6 August 2010, the Commission visited the Pampanga Provincial Jail and interviewed Salas and
company and secured their sworn statements on the alleged torture done by concerned PNP
personnel.

On 9 August 2010, The CHR Forensic team conducted physical/medical examinations on the victims
and found the injuries seen were suggestive of torture and ill-treatment.

On 21 September 2010, the Commission in behalf of the victims filed before the Office of the City
Prosecutor a formal complaint for violation of RA 9745 (Anti-Torture Law) against Police Supt.
Madzgani Mukaram and several John Does of Camp Diosdado De Leon, PNP City of San Fernando,

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CHR Annual Report 2011

Pampanga. Said complaint was dismissed on 21 July 2011 by the Prosecutor’s Office for
insufficiency of evidence as a result of victim’s failure to positively identify respondent Mukaram as
the person who allegedly tortured them and since at the time the respondent policemen were
talking to them, they were all blindfolded.

On 5 September 2011, a Motion for Reconsideration on the said resolution was filed by Atty. Dante
G. Ilaya, lawyer of the victims.

✓ PNP Hazing at Camp Elridge, Los Baños, Laguna

Two video clips have reached the Commission via email of CHR Chairperson Loretta Ann P. Rosales.
The first video was of the Philippine National Police (PNP) Scout training held on 24 September
2010 for Class Pinagbuklod 2010-04. The said video showed police trainees being required to eat
red chili peppers and drink water, and then lick the logo of the Regional Public Safety Battalion
engraved at the flagpole located at the RPSB Compound, Camp Eldridge, Los Baños, Laguna.

The second video occurred on February 2010 at Lakewood Subd., Brgy. Lalakay, Los Baños, Laguna
concerning Class Mabalas 2008-02 who underwent orientation/refresher training. This showed
police trainees, wearing only undershorts, being compelled to march in a single file after their
armpits, genitalia, and anus were swiped with chili liquid solution by the PNP personnel clad in
camouflage green uniform.

Most of the alleged victims however believed that the said rites are not uncommon in their unit and
positively viewed it as part of their training, based on their sworn statements. Nevertheless, the
PNP leadership stressed that it does not condone cruel, inhuman, and degrading acts.

The Commission coordinated with Department of Interior and Local Government (DILG) and was
able to interview and gather evidence and documents relative to the case which led to the
identification of the alleged victims and perpetrators. Subpoenas were issued to the identified
police personnel in the two videos. On 15-16 September 2011, a clarificatory investigation was held
in CHR Region IV wherein respondents made a manifestation and invoked their right to self
incrimination. They contended that they will no longer participate in the clarificatory hearing by
CHR Region IV due to the fact that the case is pending with their respective offices due to criminal
and administrative charges filed against them. Nevertheless, the Commission still monitors the
status of the case by attending and monitoring the hearing on the administrative complaint lodged
before the Regional Internal Affairs Office.

✓ Torture of Rodolfo B. Miras, Jr.

On 29 September 2010, Rodolfo B. Miras Jr. was arrested by the operatives of Tukuran police for
the alleged crime of theft and was detained at Tukuran Municipal Station. Jocelyn Miras Peroso,
the sister of the said victim, narrated that in one of her visits, she noticed a severe black eye in her
brother’s left eye. Her brother likewise narrated to her the ill-treatment he suffered from
respondents PSI Gilzen R. Manese and PO3 Christopher Dumaguing in their desire to obtain a
confession from him.

On 4 October 2010, Rodolfo was found dead inside his locked-up cell and according to the police,
the latter committed suicide. At the funeraria, Jocelyn noticed that there are contusions on the

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CHR Annual Report 2011

different body parts of the corpse of her brother. In Jocelyn’s Complaint-Affidavit, she identified
PO3 Christopher Dumaguing and PSI Gilzen R. Manese as respondents, based also on the positive
identification of her nephews Marvin and Marjun, sons of the deceased. They claim that they
actually saw their father being mauled, struck with a wood and stone inside the latter’s cell. They
were likewise handcuffed by the police for a few minutes after they were caught watching the
incident.

CHR IX resolved the case on 27 July 2011 against the respondents after they failed to submit their
counter-affidavits within the period given to them. The Commission likewise recommended that
the entire records of the case be forwarded to the Deputy Ombudsman for the Military and other
Law Enforcement Officers, Quezon City for further investigation and the filing of appropriate
criminal and administrative charges for Murder, Violation of the Anti-torture Act of 2009 (Section 5,
R.A. 9745) and Grave Misconduct.

✓ Hanjin Case

From February 2007 to November 2008, Subic Bay Metropolitan Association (SBMA) and
Department of Labor and Employment (DOLE) recorded seventeen (17) accidental deaths in Hanjin
due to several causes. Then from October 2006 to December 2008, seven (7) other deaths were
added in the list of Peoples’ Task Force on Hanjin and Subic Bay Inc.

According to DOLE investigation, the causes of deaths of the Hanjin workers were due to labor
standards violations and occupational safety and health hazards.

The DOLE, in the exercise of its visitorial powers visited Hanjin, and from there stated that it will
renew its efforts in ensuring Hanjin’s compliance with labor standards and occupational and health
standards.

SBMA, for its part, recommended the (a) temporary suspension of operations; (b) issuance of show
cause order; (c) indefinite suspension from SBMA; (d) issuance of notices of violations; and (c)
issuance of cease and desist order.

On 5 February 2010, the on-site inspection led by Senator Jinggoy Estrada found that (a) there
were only two doctors on duty from 8 to 5 pm; b) not all workers wear their helmets while at work;
(c) some workers wear dilapidated shoes; (d) some workers complain of not having insurance; (e)
some canals are left open; and (f) workers complain that they work even on Sundays.

The Hanjin workers explained that the violations continued even after the investigation of DOLE,
SBMA and the Senate. Particularly, they complain of:

▪ Inhumane treatment of Korean officials of Hanjin consisting of physical, verbal and


psychological abuses

▪ That they were fed spoiled food more fit for pigs than for men

▪ Discrimination towards union members in the form of transfers from one position to
another, without reason, and even to the extent of allegedly falsely accusing workers of
theft and having them transferred to distant plants (like Mindanao)

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CHR Annual Report 2011

▪ Inadequate health facilities and health personnel within the plant

▪ Failure still of Hanjin to comply with safety and health standards in the plant

▪ That the subcontractors of Hanjin are not legitimate but are labor-only-contractors and as
such, the real employer of the workers are not the sub-contractors but Hanjin.

The CHR for its part, recommended in its 13 January 2009 report: the interview and gathering of
information from family and relatives of victims; the close monitoring of the actions of DOLE and
SMBA; and the assistance to People’s Task Force on Hanjin.

On 9 December 2010, CHR participated in a round-table discussion which focused on the plight of
Hanjin Shipyard Workers. The objective of which was to revisit the issue of the Hanjin workers. It
aims to provide a venue where stakeholders and concerned government agencies may hold a
dialogue regarding the case, and where plans may likewise be made as to how best to approach the
problems and issues put forward by the Hanjin workers.

On 4 October 2011, the CHR Central Office spearheaded a Social Dialogue to thresh out issues with
regard to the case of the Hanjin Workers. The said event was attended by Hanjin workers, Hanjin
Management, and DOLE. The dialogue tackled several issues such as the incidents of deaths, the
hospital requirement, issue of contracting and subcontracting, and benefits.

The CHR required the DOLE, Hanjin and the Hanjin workers to submit their respective Position
Papers. Hanjin and the Hanjin workers have already complied with the said requirement.

III. FORENSIC SERVICES

✓ Medico-Legal Examinations and Autopsies

In 2011, CHR Forensic Center attended to 188 cases of medico-legal activities comprised of 31
medico-physical examination including torture cases, 3 autopsies, 7 exhumations/autopsies and 304
medical consultations. Most were allegations of maltreatment of suspects while in the custody of
the police. At the same time, a number of cases of alleged torture were brought to the attention of
the Center for examination. The cases came from CHR Region III, Region IV and CHR Region VIII.
The Center also performed autopsies on three (3) bodies on cases investigated by the CHR-NCR,
CHR-Region III and CHR-CAR.

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CHR Annual Report 2011

IV. LEGAL AID, ASSISTANCE, AND OTHER SERVICES

✓ Legal Aid and Counseling

The CHR rendered free legal aid and counseling to a total number of 2,684 victims and
complainants. The highest number is from Region IX with 649, followed by Region VIII with 494,
and CARAGA with 329.

Table 6.
Breakdown of Legal Aid and Counseling
January – December 2011

Region Total
Central 144
NCR 5
CAR 91
I 148
II 77
III 91
IV 64
V 71
VI 123
VII 27
VIII 494
IX 649
X 91
XI 224
XII 56
CARAGA 329
Total 2,684
Source: LIO

✓ Assistance to Prisoners

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CHR Annual Report 2011

The Commission extended legal assistance to 3,162 inmates, while 27 prisoners were
recommended to the Board of Pardons and Parole for grant of parole or executive clemency.

✓ Financial Assistance to HRV Victims


The Commission granted a total of one million six hundred seventy-two and five hundred thousand
pesos (P1,672,500.00) for financial assistance to 228 beneficiaries, of which P 920,000.00 was given
as Survivor’s Benefits; P533,000.00 for Medical Assistance; P189,000.00 for Community Assistance
and P30,000.00 for Rehabilitation Assistance. However, a total of 784 beneficiaries have pending
financial assistance claims amounting to seven million two hundred twenty-six thousand pesos (P 7,
226,000.ooo).

Table 7.
Financial Assistance to Victims and Their Families
January-December 2011

Region Amount No. of Beneficiaries


NCR 85,000.00 9
CAR 205,000.00 59
I 80,000.00 8
III 120,000.00 12
IV 150,ooo.00 16
V 280,000.00 30
VIII 200,500.00 28
IX 309,000.00 40
XI 63,000.00 8
XII 170,000.00 12
CARAGA 10,000.00 1
TOTAL P 1,672,500.00 228
Source: Consolidated Report by AVO

✓ Witness Protection

For 2011, the CHR has spent the amount of one hundred fifty two thousand three hundred ten
thousand pesos (P152, 310.00) for five (5) witnesses in connection with its Witness Protection
Program.

✓ Compensation to Martial Law Victims

For the first semester of 2011, CHR was privileged to have been tasked to assist in the historical
implementation of the Federal District Court of Hawaii Decision of Judge Manuel Real to
compensate human rights victims of the Martial Law Regime. The Commission was allowed to
assist counsels for the class suit members, Attorneys Robert Smith and Rod Domingo, to meet with
the claimants for the implementation of the order to distribute partial compensation equivalent to
$1,000.00 covering 7,526 claimants recognized by the Hawaii Court as eligible class members. Other

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CHR Annual Report 2011

human rights victims during Martial Law who were not part of the Hawaii Court case were
encouraged to lobby for the passage of the Compensation Law for victims of Martial Law.

Earlier, EPJUST conducted a Forum on the German Experience on Giving Reparations to Victims of
Human Rights Violations through which relevant officers of the Commission gained knowledge on
the experience of Germany in recognizing and compensating human rights victims of the Stasi
Police. Insights from the forum have informed the law drafting process for the said Compensation
Bill.

Finally, CHR through its Government Linkages Office offered a draft House Resolution which was
filed as Resolution No. 1035 entitled, “Urging His Excellency President Benigno S. Aquino III to
Immediately Issue an Executive Order Ordering the Faithful Preservation and Systematic Archival
of All military and Police Records Pertaining to Victims of Human Rights Violations During the
Martial Law Period from 21 September 1972 to 26 February 1986 and Opening such Records to
Public Access and Scrutiny,” filed by Congressman Rene Relampagos, Chair of the House
Committee on Human Rights, on March 1, 2011.

✓ Issuance of Human Rights Clearance

The Commission issued a total of 2,294 human rights clearances and certifications. These are
actually certifications of no pending case of human rights violations issued to uniformed personnel
who are due for promotion or are applying for further studies abroad.

Table 8.
Number of Clearance Issued
January-December 2011

Branch of Service No. of Clearance No. of Certifications


Issued Issued
Philippine National Police 1,181 29
Philippine Army 505 7
Philippine Navy 274 2
Philippine Air Force 203 1
Others 89 3
TOTAL 2,252 42
Source: CHR Records Section

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CHR Annual Report 2011

• VISITORIAL SERVICES

✓ Jail Visitation

A total of 1,009 jail visitations were conducted by the Commission all over the country. The
Commission has reached out to 46,170 inmates of which 148 were children in conflict with the law
(CICL).

Table 9.
Jail Visitations Conducted Per Region
January-December 2011

Region No. of Jail Visitation


Activities
NCR 57
CAR 66
I 94
II 11
III 108
IV 64
V 122
VI 75
VII 26
VIII 35
IX 78
X 88
XI 81
XII 59
CARAGA 30
AVO (Central Office) 15
TOTAL 1,009
Source: Consolidated Report From AVO

HUMAN RIGHTS PROMOTION

V. HUMAN RIGHTS EDUCATION, TRAINING AND ADVOCACIES

The Commission conducted a total of 735 human rights education and promotion activities
consisting of 264 were seminars/trainings; 253 lectures/talks; and, 218 information dissemination

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CHR Annual Report 2011

activities. From these human rights activities, the Commission directly recorded 72,623 participants
in which 18,536 participated in seminars/trainings; 26,484 participants in lectures/talks; and, 27,603
were other information dissemination.

Table 10.
Human Rights Education Activities
January-December 2011

HUMAN RIGHTS ACTIVITY NO. OF ACTIVITIES NO. OF


PARTICIPANTS
Seminars/Trainings 264 18,536
Lectures/Talks 253 26,484
Other Information 218 27,603
Dissemination
TOTAL 735 72,623
Source: Consolidated Monthly Accomplishment Reports from the Regional Offices

The largest audience was filled in by Other Sectors composed of public officials/government
employees; general public, other professionals with 18,600; the next were the uniformed men with
18,999; and the vulnerable sector with 7,421.

Table 11.
No. of Participants According to Priority Sector
January-December 2011

Priority NO. OF NO. OF


Sector PARTICIPANTS PARTICIPANTS
IN SEMINARS/ IN LECTURES/
TRAININGS TALKS
Vulnerable 2,557 4,864
Sectors
Uniformed 8,385 10,614
Men
Other Sectors 7,594 11,006
TOTAL 18,536 26,484
Source: Consolidated Monthly Accomplishment
Reports from the Regional Offices

The Commission distributed a total number of 25,059 human rights information materials namely:
2,861 human rights flyers; 1,344 human rights primers; 190 handbooks/other briefer on human
rights; and 20,664 other lecture materials.

Moreover, the Commission conducted a total of 653 inter-agency meetings and dialogues with
national and local government agencies, as well as government organizations covering different
sectoral activities and concerns. The various activities conducted have reached out to a total of
25,040 participants while the information materials distributed totaled to 933.

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CHR Annual Report 2011

✓ National Programs and Activities

➢ 2nd National Human Rights Educators’ Congress

The 2nd National Educators’ Congress on Human Rights Education with the theme “Human Rights
Education: Changing Culture Towards Peace and Good Governance”, was held at the Development
Academy of the Philippines (DAP) in Tagaytay City from 20-22 July 2011. A total of 380 participants
from the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), Department of
Education (DepEd), Commission on Higher Education (CHED), Department of Justice (DOJ), United
Nations Development Program (UNDP), the academe, and security sectors have attended the said
event.

Day one commenced with two plenary sessions: one on Human Rights Development Framework of
the Philippines and another on the State of Human Rights Education. In the afternoon of day one,
the participants were divided into three breakout groups for the concurrent sessions, which were
held simultaneously in the same number of conference rooms with the following themes:
Accountability of the Security Forces and Law Enforcement Sector on Human Rights and
International Humanitarian Law; Human Rights Praxis in the Security Forces; and Ensuring Human
Rights Education in the Legal Profession.

Day two was another round of plenary sessions with four themes: Mainstreaming Human Rights
Education in Tertiary Education; Mainstreaming of Human Rights Education in the Security Force
and Other Duty Bearers; Theories and Practices on Culture-Based Human Rights Education; and
Roles in Enhancing Human Rights Education in Other Critical Sectors. After that, there were also
concurrent sessions which were held simultaneously: Mainstreaming Human Rights Education in
Non-Formal Education; Mainstreaming Human Rights Education in Law-Making Bodies; Teaching
Exemplars in Mainstreaming Human Rights-Based Approaches; Gender, Peace, Human Rights and
Rule of Law Education in Formal Education; and Culture-Based Grouping on Emerging Theories.
After their respective discourses, each breakout group designated a rapporteur who was given ten
minutes to present their findings and recommendations.

Day three had the lone plenary session of the day, which discussed the Trends and Challenges on
Human Rights Education which was followed by the Strategic Planning activity where the five basic
sectors—security sector, public safety and law enforcement, civil society organizations, tertiary
education and basic school education went into another set of simultaneous breakout sessions.
They reviewed the Decade Plans of Action, the 1st National Educators’ Congress on Human Rights
on Education Indicative Plans of Action and World Programme on Human Rights Education Phase 2
Plan of Education and Training and were presented at the plenary hall. The final activity was the
finalization and presentation of the Declaration of Commitment to Human Rights Education and
Training.

➢ HRBA Seminar-Workshop for Department of Budget and Management (DBM)


Participants

A two-day learning workshop on human rights and human rights-based approach (HRBA) for the
Department of Budget and Management (DBM) and technical staff who are directly formulating

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CHR Annual Report 2011

budget, preparing budget framework and guidelines was conducted last 28-29 November 2011.The
activity introduced HRBA and its application to development planning, programming and
budgeting. At the end of the activity, the participants were able to understand human rights and
its relation to development; they became equipped with the necessary knowledge and skills in
applying human rights norms and standards in policy making, planning, programming and
budgeting; they were provided with HRBA tools and the applications of these under specific
conditions; they gained greater consciousness among participants on the use of HRBA; and were
able to understand the parameters and processes that were established for the integration of HRBA
in budgeting.

➢ Muslim Youth Para-Legal Seminar

On May 6, 2011, the Muslim Youth Para-legal Seminar was held at the CHR Conference Hall. It was
participated in by 38 volunteer-workers composed of 13 females and 25 males.

The activity aimed to create a frontline legal team for the Muslim Filipino community that can
immediately respond to legal issues and problems affecting them, especially during arrest, search
and seizure operation of law enforcement agents.

➢ Forum on ‘Prison Culture’

With the recent media exposès about special privileges being accorded to certain VIP prisoners and
other problems in the National Bilibid Penitentiary in Muntinlupa City, the Commission held a
forum entitled “Understanding Filipino Prison Culture”.

The goal of this forum is to come up with policy recommendations for a rights-based prison
management reforms. The forum tackled the following topics: Law Reforms in Relation to
Management of Persons Behind Bars; The Bureau of Corrections in Relation to the Five Pillars of
Criminal Justice Towards Rights-Based Management of Correctional Institutions; and the
experiences of a former Bilibid inmate, Raymond Narag, in the unusual practices and incidents
inside the detention cells.

➢ Training of Detention Authorities on Anti-Torture and Human Rights”


Pursuant to Section 21 of the Republic Act No. 9745 or the Anti-Torture Law, the Commission
conducted a training entitled, “Training of Detention Authorities on Anti-Torture and Human
Rights” held from 11-13 October 2011 for Luzon; 8-10 November 2011 for Mindanao; and 15-17
November 2011 for Visayas. The participants were members of the Philippine National Police (PNP)
and the Armed Forces of the Philippines (AFP) administering detention facilities, Bureau of Jail
Management and Penology (BJMP) personnel, and provincial jail personnel. The said training
discussed the important topics such as the concepts, principles and foundations of human rights,
the UN Standard Minimum Rules on the Treatment of Prisoners, the Convention Against Torture
and its Optional Protocol, Republic Act No. 9745, and Republic Act No. 9344 or The Juvenile Justice
and Welfare Act of 2006.

➢ Orientation on Human Rights

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CHR Annual Report 2011

In April 2011, the Commission conducted a one-day orientation on human rights for the NCRPO
Police Force. Two hundred (200) Philippine National Police (PNP) participants for deployment
during the Labor Day Celebration on May 1, 2011, attended the said orientation. The goal of this
orientation is to inculcate police awareness on Civil Disturbance Management known as B.P. 880 or
the Public Assembly Law.

✓ Development and Piloting of HR Curricula and Training Modules

➢ Human Rights Education to Muslim Women

The CHR conducted three separate workshops for the members of the Noorus Salam (Light of
Peace) on July 3-5, 9-12 and 25-27 in Mindanao. A total of 75 aleemats and utadzas (muslim women
religious scholars and teachers), muslim women civil society and community leaders who are all
members of the Noorus Salam were trained by the Commission on Human Rights to become
Community Human Rights Educators and Monitors. They come from Zamboanga City, Basilan,
Sulo, Tawi-Tawi, Cagayan de Oro City, Marawi City, Lanao Del Norte, Lanao Del Sur, Maguindanao,
Sultan Kudarat, North Cotabato and Cotabato City. These trainings were held in Muslim
communities using a module specially designed by the CHR for the Muslim women. Human rights
concepts were discussed within the context of Islamic faith. The aleemats and ustadzas provided a
unique character since they teach Islam in the madrasah or educational institution. The
participants are aimed to be empowered and expected to teach human rights in their communities,
advocate women and children’s rights and, to equip the community with full knowledge of their
social and economic rights. Through these series of seminars, the Muslim communities can be a
source of baseline information for improving local and national responses for HR violations such as
political, economic, social and religious. A Memorandum of Agreement (MOA) between the CHR
and the Philippine Center for Islam and Democracy (PCID) was forged to pave the way for the
conduct of these workshops.

➢ Pilot Module for Security Guards

In response to the request from the Great Star Security Guards and Management, a non-
government agency for a human rights orientation for their security guards and employees, the
CHR developed a Pilot Module for Security Guards. The said module will be pilot tested with CHR
Security Guards before its implementation outside CHR.

➢ Pilot-testing of the HR-IHL Modules for Phil. National Police Academy (PNPA)

The Commission conducted the Pilot testing of the HR-IHL Modules for PNPA in two batches. The
first batch, participated in by 223 cadets was held on 17-19 May 2011 and the second batch with 217
cadets as participants on 14-16 June 2011. The said pilot testing was done to determine the validity
of the curriculum, to check whether the perceptions written is true or not and to justify the learning
intent they have written and the reasons why they need to include the objectives in their
curriculum.

➢ HRE Curricula for LESI (Second Phase)

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CHR Annual Report 2011

In preparation for the development of a Graduated Human Rights Education Curricula for Law
Enforcements, Security and Intelligence (LESI) agents in Southeast Asia a consultation/pre-
implementation workshop was held on January 26-27, 2011 at Ciudad Christia, San Mateo, Rizal.
Participants were curriculum writers from the Armed Forces of the Philippines (AFP), Philippine
National Police (PNP), and Commission on Human Rights information officers and training
specialist, who developed the framework for the implementation of the 2 nd Phase of LESI and
identified the institutional HRE experiences and best practices.

The 2nd Phase of the Southeast Asia Regional Writing Workshop on the Development of HRE
Curricula for LESI agents in Southeast Asia took place on February 26-28, 2011 at the Meralco
Management and Leadership Development Center, Antipolo City. Twenty-four (24) regional
participants from Philippines, Malaysia and Thailand were present during the workshop. Each
country delegation shared their best practices and experiences on the pilot-testing of their
respective curriculums. They also shared how far they have gone in the action plans that they
drafted in the previous year.

It shall be recalled that the Phase 1 of this project took place in 2010 at the Eugenio Lopez Training
Center in Antipolo City, where the Curriculum Developers/Writers of the country representatives
gathered to develop their own graduated HR IHL Education Curricula.

This second installment of the workshop enabled the participants to present their outputs and
share their country’s experiences, issues and problems relating to the implementation of the
curricula.

✓ Printing of HR Materials and Tools

For 2011, the Commission published five (5) human rights materials and tools namely: Humanity
Amidst Conflicts – Proceedings of the National Summit on International Humanitarian Law (IHL) in
the Philippines; R.A. 9745 Anti-Torture Act of 2009 and its Implementing Rules and Regulations (IRR);
1st National Educators’ Congress on Human Rights Education (1NECHRE) Report of Proceedings and
Communique’; The State of Human Rights Education (HRE) in the Philippines: Issues, Concerns and
Directions; and the initial copies of the Aleemat Modules.

✓ Barangay Human Rights Action Center (BHRAC)

The BHRAC National Secretariat assisted the CHR Region 7 office in the conduct of Barangay
Human Rights Action Officers’ training in Loay, Bohol on 12-14 April 2011. A total of 50 participants
composed of barangay officials, barangay secretaries, and BHRAOs participated in this event. In
May, a joint project by the CHR-HERO and the National Commission on Muslim Filipinos (NCMF)
lectured on the BHRAC program to the Muslim youth during the Muslim Youth Paralegal Seminar
held at the CHR Conference Room. This activity, attended by 38 Muslim youths, aimed to uplift the
human rights of the Muslim community and create a frontline legal team for the Muslim Filipino
community that can immediately respond to the legal issues and problems during arrests, search
and seizure operations of law enforcement agencies.

Other BHRAC activities were the following:

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CHR Annual Report 2011

➢ CHR on the Cases of Terminated BHRAOs

Because of a seemingly lack of understanding on the part of some Barangay Captains in Parañaque
City, five (5) Barangay Human Rights Action Officers (BHRAOs) were reportedly to be illegally
terminated by the former due to various reasons.

On January 11 2011, through the BHRAC focal Commissioner Jose Manuel Mamauag, the
Commission on Human Rights was behooved to act on the matter, not in so much as to give justice
to the five (5) BHRAOS, but more so to determine the causes of their termination.

The reasons for termination of the BHRAOs were allegedly due to their partisan political activities,
non-performance of functions, and the misconception that their terms of office is co-terminus with
that of the Barangay Chair.

Mamauag sent a letter to the concerned Barangay heads for their immediate action on the cases of
the terminated BHRAOs. These were promptly settled and resulted in the dismissal of two on the
grounds of non-performance of functions and partisan political activities, the resignation of one to
become a member of the Lupong Tagapamayapa, and the reinstatement of the two which was due
to the mistaken notion that their terms were co-terminus with their former Barangay Chairs.

The five (5) barangays involved were San Dionisio, San Isidro, Moonwalk, Tambo, and Marcelo
Green, all of Parañaque City.

➢ Second Capability Building Workshop of Parañaque City BHRAOs

The BHRAC National Secretariat assisted the Commission on Human Rights – National Capital
Region (CHR-NCR) in the conduct of the second Capability Building Workshop of the Parañaque
Association of BHRAOs (PABHRAOs) on September 26, 2011. The activity was aimed to update the
BHRAOs with the knowledge on local laws such as RA 9745 or the Anti-Torture Law, Juvenile
Justice and Welfare Act or RA 9344 and the Anti-Violence Against Women and their Children or RA
9262. A workshop on the Human Rights-Based Approach (HRBA) was also given emphasis to
capacitate the BHRAOs on their rule of monitoring a rights-based barangay governance. The
activity was hosted by the PABHRAO. The occasion was graced by no less than Mayor Florencio
Bernabe of Parañaque City and DILG City Director Gloria Aguhar. A total of 16 BHRAOs from the 16
barangays of Parañaque City, some Brgy. Chairmen, and Brgy. Secretaries also attended the
workshop.

➢ Media Reporting on Human Rights

A lecture on Human Rights-Based Media Reporting, and the Concept and Principles of Human
Rights was conducted by the BHRAC National Secretariat during the Seminar Workshop on Media
Reporting and Human Rights hosted by the Union of Journalists of Northern Samar (UJNS) and the
Samar Island Press Club (SIPC), held on November 12, 2011 at Hotel Alejandro, Tacloban City. The
activity which aimed to build a culture of human rights in the media reporting, was attended by 50
participants who are members of the working press all over Samar Island, campus journalists from
the University of Eastern Philippines, and information officers of the 8 th Infantry Division, Philippine
Army based in Camp Maulong, Catbalogan City and the PNP Region 8.

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CHR Annual Report 2011

✓ Children’s Rights Advocacy

One of the highlights of the advocacy for children’s rights for 2011 is the campaign for the full
implementation of RA 9344 or the Juvenile and Justice Welfare Act of 2006 and maintaining the
minimum age of criminal liability to 15 years old. In both houses, the House of Representatives and
in the Senate, several bills to amend RA 9344 particularly, lower the age of the minimum age of
criminal responsibility are being pushed by legislators. The CHR through the Child Rights Center
(CRC) actively participated in the campaign for the law’s full implementation. This includes: several
meetings with the members of the Juvenile Justice and Welfare Council; participation in the
conceptualization and development of an action plan (concerted effort) on how to respond to the
attacks against RA 9344 and also formulated key messages to properly inform the public regarding
the law; meetings with known personalities who are against RA 9344 to convince them to change
their positions; and several television interviews and appearances to support the law and oppose
the lowering of the minimum age of criminal responsibility.

The following activities were undertaken to promote and protect the rights of children:

1. Participated and monitored the localization of the Comprehensive Program for Child
Protection with other agencies like the DOJ, DSWD, DILG, CWC and the PNP. The CHR also
participated and provided technical assistance in the on-going review of this
Comprehensive Program for the year 2012 to 2016.
2. Participated and provided technical assistance in the drafting of the Protocol on Case
Management of Children who are victims of abuse, exploitation, and neglect.
3. Participated and provided technical assistance in the revision of the National Human Rights
Action Plan (NHRAP) of the Presidential Human Rights Committee, specifically on the
chapter on children.
4. Participated and provided technical assistance in the consolidation of the draft bills in the
House of Representative and in the Senate regarding children in situations of armed
conflict.
5. The Child Rights Center in coordination with the Education and Research Office of the
Commission and the Friedrich Ebert Stiftung formulated and developed the Youth
Barometer. It is an in-depth and comprehensive description and measurements system for
youth rights. It is a self-assessment exercise based on criteria from international protocols
and declarations.
6. Developed a Child Rights Module fro the training for the Aleemats entitled “Empowering
the Aleemats, Muslim Women Leaders and their Communities as Human Rights Defenders.
7. Took part in the drafting of the questionnaire fro the National Baseline Study on violence
against children to determine the prevalence of violence, to identify potential risk and
protective factors for violence, and to assess the knowledge and utilization of health, legal,
and welfare services available.

The CHR has likewise participated in several activities nationwide from lectures, meetings,
trainings, workshops to public hearings, investigation, fact finding missions and case monitoring.

✓ Trainings and Workshops

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CHR Annual Report 2011

On 27-28 April, 2011, the central office thru the CRC conducted a training orientation for the CHR
regional lawyers, special investigators and information officers on Republic Act 9775 or “The Anti-
Child Pornography Act of 2009”, the Convention on the Rights of the Child and other relevant laws
protecting the rights of the children. As a result, the regional offices formulated their action plan in
the implementation of the new law.

Likewise, the Commission has also participated in several workshops, to wit; 1) Strategic Planning
Workshop of the Juvenile Justice for the Welfare of Children (JJWC) held on 9-11 May 2011 in Clark
Field, Pampanga; 2) Series of Activities of the Special Committee for the Protection of Children
(SCPC) for the Local Implementation of the Comprehensive Program for Child Protection (CPCPC)
held on 15-21 May 2011 in Boracay, Aklan; 3) Workshop on Developing an Action Plan: Towards
Equity for Children on 21-23 June 2011 at Marriott Hotel, Pasay City; 4) Basic Facilitators’ Training
on Mental Health and Psychosocial Support During Crises, Emergencies and Disasters held on 22-
24 June 2011 in Clark Field, Pampanga; 5) A 2-day Multi-sectoral Consultation Workshop on the
Implementation of the Juvenile Justice and Welfare Act and Communication Planning Workshop
held on 28-29 June 2011 at Imperial Palace Suites, Quezon City; 6) SCPC Assessment of the
Comprehensive Program for the CPCP 2006-2010 held on 6-8 July 2011 in Tagaytay City; and 7) A
3-day Strategic Work Planning on “Emerging Challenges, Development Priorities and Implications
on Child Rights Monitoring and Reporting” held on 12-14 July 2011 in Lubao, Pampanga. Recently,
the Child Rights Center participated in the Anti-torture Training of the CHR-Assistance and
Visitorial Office where police, military, prison personnel and LGUs of Luzon, Visayas and Mindanao
were oriented on the salient features of RA 9344.

✓ Lectures and Focus Group Discussions (FGDs) on Relevant Laws

Child Rights Advocacy was promoted by the Regional Offices thru the conduct of lectures and focus
group discussions on relevant laws regarding children’s rights and some on gender and human
rights. The lectures and seminars conducted are, to wit: On Rights of Children and other related
laws in Baguio City Jail for CICL; Barangay and Municipal Councils for the Protection of Children of
Kibungan, Benguet; Orientation-Seminar on Human Rights Related Sectoral Laws (CRC, RA 9344
and RA 9262) and the BHRAC Program for Barangay Officials and Functionaries of Itogon, Benguet;
Human Rights and UN CRC Orientation for Alternative Learning System (ALS) Clients of Saving
Neighborhood Network (SNN) and NGO; UN CRC Lecture in the Capability Building for Law
Enforcement Officers of Baguio City Handling Children in Need for Special Protection (CNSP); and
g) Series of Orientation-Seminars for the Strengthening of the Barangay Council for the Protection
of Children (BCPC) for the 128 barangays of Baguio City; Lecture on RA 7610 at the Dila Katarungan
Pambarangay Seminar which was participated by Barangay Officials of Brgy. Dila City, Sta. Rosa;
Lecture on RA 9344 to students and faculty members of the University of San Agustin, College of
Law held at the University of San Agustin, College of Law, Iloilo City; Regional Special Training Unit
for PNP on RAs 7610 and 9262 on January 21, 2011 at Mercedes, Zamboanga City; Barangay
Maasin Training on Human Rights, GAD and RAs 72610 and 9262 for PBO, Tanod and Women’s
Groups, Regional Special Training Unit, Provincial Office, Philippine Public Safety College on HR,
GAD and RAs 7610 and 9262 for PNP Zamboanga City; Human Rights, GAD and RAs 7610 and 9262
Training for PN Staff on June 24, 2011 at Philippine Navy Naval Forces, South Lower Calarian,
Zamboanga City; PN Staff on June 30, 2011 at the Philippine Navy Naval Forces South, Lower
Calarian, Zamboanga City; Lecture to PNP Personnel at Public Safety College, Regional Training
School and in various occasions both in Davao City Police and Regional Office in their regular
refresher courses; and Lectured with the AFP different Battalions in connection with the Peace and

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CHR Annual Report 2011

Development Programs at the AFP Division Training Unit (DTU) for their Candidate Soldiers
Course.

Aside from lectures, the regional offices also conducted focus group discussions on related laws
pertaining to children’s rights. Particularly, in CAR, two FGDs were conducted - the Orientation on
the Rights of the Child and the Anti-Pornography Act sponsored by CHR and the Verification of the
Situation of Children in Conflict with the Law at the Social Development Center (SDC) of Baguio
City of alleged violations of their rights as published in the Local Daily. In Regions XI and XII, they
attended and participated on FGDs, gatherings and occasions organized with partner GOs, IOs,
NGOs, CSOs and LGUs, and others. Likewise in CARAGA, the regional directors agreed to hold one
meeting in a quarter relative to the Regional Committee for the Welfare of Children (RCWC).

✓ Women’s Rights Advocacy

A highlight of the CHR’s advocacy on women’s rights this year was the celebration of the
International Women’s Month. Annually, the Commission participates in this monumental
celebration by engaging in inter-agency activities and more often, by spearheading human rights
activities for women.

For this year, CHR held the following activities: Film Showing of “Agaw-Buhay” and Orientation on
Reproductive Health on 16 March 2011; CHR Orientation on Men Opposed to Violence Everywhere
(MOVE) and Display of the Women’s Month Tarpaulin which was also replicated in all regional
offices. It also participated in the Commitment Day Against Trafficking in Persons organized by the
Visayan Forum Foundation at Crowne Plaza, Ortigas on 15 March 2011.

CHR also provided various women-specific lectures relative to health and human rights: Orientation
on the Magna Carta of Women held at the Bureau of Parole and Probation on 24 March 2011;
Orientation on the Magna Carta of Women (Special Leave Benefits for Women with Gynecological
Disorders and Problems) held at the Institute of Labor Studies, an agency under the Department of
Labor and Employment on 29 March 2011; Anti-Trafficking in Persons Law, organized by the CHR’s
National Capital Region on 31 March 2011; Orientation on the Magna Carta of Women, held at the
Bureau of Fisheries and Aquatic Resources, under the Department of Agriculture on 08 April 2011;
Orientation on LGBT Rights with the Philippine Human Rights Committee; “Whistle Against VAW”;
Second Consultative Meeting with Metro Manila LCEs Re Reproductive Health Programmes,
Orientation Against Violence Against Women with UN Women and UST Legal Management
Society; Completion of the CHR and Reprocen Dialogue with City of Manila Re EO 003 and the
Issuance of Substitute Ordinance No. 30 that now allows access to artificial birth control methods;
Likhaan Center for Women’s Health Orientation on LGBT rights, CEDAW and the committee’s
concluding observation on the 5th and 6th country report co-convened with Rainbow Rights
Philippines; Workshop on Operationalizing the Functions of CHR as Gender Ombud; First
Consultative Meeting with Metro Manila Local Chief Executives on Reproductive Health
Programmes; Gender Sensitivity Trainings for Central Office and Forum on Reproductive Health
Bill.

For the advancement of women’s rights, CHR engaged in the following significant local and
international activities:

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CHR Annual Report 2011

At the national level, the CHR participated in the following: a) UP Drafting committee on OFW Bill;
b) Inter agency meeting on CEDAW Committee Country Visit; c) PHRC meeting on Mariquit
Soriano CEDAW Case; d) REPROCEN on Manila EO 003; e) RH Advocacy Network; f) UN Women’s
National Multi-Stakeholders’ Consultation; g) UN Women on Inter-Agency Sub Cluster on SGBV in
Calamity Situations; and h) UNFPA Presentation on 7th Country Programme.

At the international level, three conferences were attended to wit: a) 55 th Session UN Commission
on Status of Women; b) UNFPA Conference on NHRI Capacity to Promote and Protect
Reproduction Rights; and c) 9th SEANF TWG; and

Also, CHR attended four public hearings/dialogues/assemblies, to wit: a) With Manila City Council
EO 003; b) Public Hearing on Brgy. Ayala Alabang Ordinance no. 001; c) Purple Ribbon Community
Assembly on Women’s Rights (PACO Manila); and d) Purple Ribbon Pre-SONA March;

Likewise, six lectures were also conducted namely: a) Magna Carta of Women in DOLE ILS; b)
Magna Carta of Women in Bureau of Fisheries and Aquatic Resources Resources; c) Magna Carta of
Women in the Board of Parole; d) Anti-Trafficking Law with CHR NCR; e) LGBT Rights with LEAP
Inc.; and f) Role of NHRIs on the Protection of Women’s Human Rights in the ASEAN with Women’s
Legal Bureau;

Moreover, four papers were prepared by CHR; to wit: a) CHR Presentation at the CSW55; b) CLAPR
Presentation and Text of Presentation at the UNFPA Conference; c) CHR Comment to CEDAW
Country Visit; and d) Chapter on Women in CHR’s Omnibus Rules of Procedure;

Furthermore, two study visits were conducted, to wit: a) Laura Davis Fullbright Scholar held on 8
July; and b) East Asia Popular History Exchange Taiwan held on 15 July; and

One Gender Sensitivity Training was conducted at the CHR Central Office: CHR Men Opposed to
Violence Everywhere (MOVE) representatives; including an orientation on Gender Issues in
celebration of the International Women’s Day;

Commemoration of International Human Rights Events

✓ Children’s Month

The national theme for the Children’s month in October was “Local Council for the Protection of
Children Para sa Bright Child: Pakilusin, Palakasin, Pagtulungan Natin!.” All regional offices
conducted training/workshop on the rights of children with the local councils in their respective
regions.

In the central office, the Child Rights Center (CRC) organized a children’s party for the children of
employees aged 2 to 12 years old. This is in cooperation with Knowledge Channel. The kids of the
employees enjoyed audio visual and learning activities from Knowledge Channel. They also enjoyed
games and prizes. A mass was also celebrated for the children to encourage child participation.

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CHR Annual Report 2011

Also during the Children’s month, a media forum for children was held last October at the UNILAB
as a result of the incident that involved a child in a television show “Willing Willie”. The CHR Child
Rights Center, being a member of the Committee, helped in the planning and conceptualization of
the forum. It was participated in by people in the TV networks, members of the KBP, association of
advertising agencies, association of companies who advertise (Advertising Standards Council). This
include advertisements in television, billboards etc. The forum mainly focused on how the
government and the media can help and work together to ensure that children are protected in and
by the media. The highlight of the activity is the Statement of Commitment wherein various
organizations and companies made their commitments to the protection of the child through
responsible communication policies and/or corporate social responsibility initiatives.

✓ Women’s Month

The Commission celebrated the International Women’s Month through the conduct of activities
such as: Film Showing of “Agaw-Buhay” and Orientation on Reproductive Health; CHR Orientation
on Men Opposed to Violence Everywhere (MOVE); and Display of the Women’s Month Tarpaulin
which was also replicated in all regional offices. It also participated in the Commitment Day Against
Trafficking in Persons organized by the Visayan Forum Foundation.
✓ Official Launching of the Martial Law Files Project

As the culminating activity of the National Human Rights Consciousness Week and in celebration of
the 63rd Anniversary of the Universal Declaration of Human Rights, an Official Launching of the
Martial Law Files Project was held at the UP National College of Public Governance on 10
December 2011. The Keynote Speaker was Executive Secretary Paquito “Jojo” Ochoa, Jr.

Prior to the launch, a symbolic transfer of the documents happened on 21 September 2011 when
Chairperson Rosales and Secretary Voltaire Gazmin of the Department of National Defense (DND)
together with witnesses signed a common position that aims to “end impunity and build a culture
of human rights”. The Chair of the Committee on Human Rights of the House of Representatives,
Rep. Rene L. Relampagos; the President of the National Defense College of the Philippines, Dr.
Fermin R. De Leon, Jr.; and, the Chair of the Philippine Alliance for Human Rights Advocates
(PAHRA), Chair Max de Mesa, were signatories to the joint communiqué on the symbolic turn-over
of said declassified files.

The transfer of the declassified martial law files from DND to CHR was an opportunity to contribute
to, and hurdle the painstaking process of national reconciliation and healing in a long journey to
end impunity and make human rights a way of life in the country. Specifically, the act of transfer
spelled out the following objectives:

1. To make the files available to the public for their specific interests and needs; i.e.,

➢ To students, faculty, media, historical institutions, libraries, archives and the like for
purposes of research, education and public information;
➢ To survivors and victims of human rights violations relevant data for purposes of
validating their claims for compensation and for redress of grievances;
➢ To the civilian branches of government for purposes of legislation and policy
reform; and,
➢ To the security forces and their academies for purposes of reform policies with the
security sector.

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CHR Annual Report 2011

2. To make available to the present and future generation of Filipinos literature on martial
law to set the record straight on the fourteen years of one-man-rule under Marcos and
its impact on the lives of the people.

3. To engage in round table discussions with various stakeholders in a common agenda


arrived at through Memoranda of Understanding (MOUs) for the following purpose:
develop consensus on martial law realities towards a process of working collectively to
cultivate a human rights environment conducive to putting an end to impunity.

4. Through collective effort, to create knowledge products from the digitized files that will
include, but not be limited to the following:

➢ A documentary of the entire project from the time of its inception and soft launch
on 21 September 2011 to its completion on 21 September 2015.
➢ A documentary of the heroic stories and narratives of human rights activists and
defenders.
➢ A proposed publication of research and study of the evolution of the Marcos
Constitution in its various phases with the objective to legitimize one-man-rule
through fourteen years of dictatorship.
➢ A proposed publication of a study of the Marcos policies and decrees that
legitimized economic plunder over a period of fourteen years of rule.

5. To memorialize through stone monuments the history of local struggles and inspiring
stories of courage by human rights defenders and activists.

6. To come up with a museum of film, visual art pieces, essays, music and literature that
were created and nurtured by the people’s struggle and revolution to restore freedom,
justice and democracy, culminating in the ouster of the dictator in February of 1986.

CHR Preparation for the 25th Year Anniversary

✓ Logo Making Contest

The Logo Making Contest was launched last November 2011 as part of the CHR’s preparation for its
5th Anniversary Celebration. Seven entries were submitted on 5 December 2011, the official
deadline of the submission of entries. Tomas E. Arao of University of the East Caloocan bagged the
grand prize while Angelo Roe S. Calizar also from UE Caloocan and Syril P. Bobdilla of De La Salle
College of St. Benilde won consolation prizes. The winning logo was declared on 8 December 2011
and was awarded during a simple ceremony last January 2012.

The winning logo is currently being used on the institution’s official communication documents and
is hoped to be displayed in strategic places to promote CHR’s 25 years of existence and milestone.

✓ Human Rights Film Festivals with Human Rights Orientation

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CHR Annual Report 2011

The films were pre-screened human rights films which was held last 7 December 2011 followed by
an orientation-workshop on human rights of the youth sector. The said program was attended by
leaders of different student councils of universities and colleges around Metro Manila.

✓ Photo Exhibit

A two-week long photo exhibit which highlighted the 25 years of human rights protection and
promotion projects and activities of the institution was displayed at the CHR Central Office last 1-8
December 2011.

✓ HR Quiz Bee

A Human Rights Quiz Bee was launched last December 5, 2011 and was culminated last 16 February
2012. About 100 participants representing 34 secondary institutions joined the competition. The
first placers are (1) John Carlo G. Tan; (2) Rendcel M. Isip and (3) Kate Louis L. Matriano from St.
Mary’s Academy Mandaluyong with 185 points. Followed by representatives from Bagumbong
High School namely (1) Edzel M. dela Cruz; (2) Joey C. Marano and (3) Dakila C. Batan with 180
points. Third placers are from Las Pinas National High School represented by (1) Vaughn Mark
Cualing ; (2) Von Joseph Granado and (3) Princess Mae Dialogo who earned 155 points.

✓ Let’s Hear it From the Young Minds

A half-day Essay Writing Contest on human rights issues was held last 21 November 2011. The
English and Filipino categories were participated in by around one hundred (100) students
representing thirty (36) secondary institutions. Winners in the English category were: first place –
Alyanna Jane Zarate from Balara High School with an essay entitled “Never Too Young”, followed
by second place – Justin Gabrielle A. Manay of Manila Science High School for an essay entitled
“You for Youth: Human Rights Education for your Development”. The third place was awarded to
Khriscielle Yalao from St. Scholastica’s Academy of Marikina for her essay “A Call for Freedom and
Equality” and Chantal Covarubias of Flora A. Ylagan High School for her essay entitled “Young
Blood: Treat us Right!”

The winners in the Filipino category are: first place – Raiza P. Catabona of Don Alejandro Roces Sr.
Science Technology High School for her essay “Anak-Dalita”; second place – Mavel C. Arive of
Marikina High School for the essay “Ang Lahat ng Tao ay Isinilang na Malaya at may Karapatan”
and third place – Jennica R. Rayel of Diliman Preparatory School for the essay “Siklab Para sa
Lampara”.

Human Rights Week

✓ Run for Human Rights

To kick off the year's festivities, last 3 December, the Commission on Human Rights spearheaded
the holding of a 'Solidarity Run for Human Rights,' in partnership with major stakeholders from
government and non-government organizations, civil society and advocacy groups.

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CHR Annual Report 2011

Around 35 organizations were mobilized to join the event, and aside from the CHR contingent,
some of the estimated 1500 participants came from the Department of Education, the Commission
on Higher Education, the Armed Forces of the Philippines, the National Bureau of Investigation, the
Philippine Alliance of Human Rights Advocates, the Philippine National Police, the Indigenous
Peoples Advocate Balay Foundation, and the Metro Manila Development Authority, among others.

All the groups started assembling at 5:30 in the morning at the Disco Area of the Quezon Memorial
Circle. By 6:00 in the morning, the groups were completed, and the signal was given to start the
Run. The CHR contingent, carrying the first article of the UDHR, led the Run, followed by PAHRA
with article no. 2, the AFP with article no. 3, and so on up to the 30th article, with the rest of the pack
tailing them.

PAHRA, which is very active in mass actions against previous administrations, stood out in the Run
with most of their participants visibly coming from impoverished communities, some of whom are
even barefooted.

A highlight of the program was CHR Chairperson Loretta Ann Rosales calling on all the
representatives of each organization, and leading them to the recital of the Panunumpa sa
Karapatang Pantao. This was followed by CHR Dir. Ofreneo reciting the Pledge of Commitment, to
which the representatives held out their hands to touch the document as a symbol of their pledge.

This Solidarity Run - down to the smallest detail - was the brainchild of Col. Domingo Tutaan, Jr.,
the Human Rights Affairs Officer of the AFP. This is attributed to the strong partnership of the CHR
with the AFP and the PNP, as well as the intensive education and information campaigns being
conducted by the former on the officers and men of the two institutions.

The CHR will be celebrating its 25th foundation next year, and this Solidarity Run reflects and
strongly symbolizes its own 25-year arduous and painful run towards the pursuit of human rights
protection and promotion.

✓ Human Rights Festival (Ala Woodstock)

The National Human Rights Consciousness Week celebration culminated on 9 December 2011 at
the CHR grounds flooded with a resounding music from the well renowned Filipino musicians. Such
musical encounter entitled “Human Rights Music Festival” was graced by the very talented patriotic
artist singer, Mr. Noel Cabangon and band performances by Halogen, Filtered, Much Room and
Yano.

Aside from the CHR staff, a huge part of the audience were from students from various colleges and
universities in Metro Manila who stayed the whole night to celebrate human rights week with fun
and music.

Chairperson Loretta Ann Rosales was pleased with the success of this program and signified to hold
a bigger concert on CHR’s 25th Anniversary in 5 May 2012.

✓ CHR’s Participation in the Annual Pride March on 3 December 2011

In celebrating the National Human Rights Week, and pursuant to the goal of making human rights
a way of life, the CHR, strongly expresses its stand for recognition of the rights of the LGBT sector;

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CHR Annual Report 2011

and, in solidarity with the Lesbian, Gays, Bisexuals and Transgender (LGBT) community, sent a
delegation to the 17th Annual Manila Pride March on 3 December 2011 with the theme “Pride of the
Orient”.

The CHR espouses the same objective with the Task Force Pride (TFP) in seeing the Pride March as
an opportunity to surface the issues confronting the LGBT community, and to assemble in
solidarity with the different LGBT groups – for the protection, promotion and full enjoyment of
their human rights. The CHR likewise sees the Pride March as an opportunity to provide visibility
to the LGBT community, promote acceptance, respect and non-discrimination, and a chance to
once again stress that LGB rights are human rights.

✓ Media

The CHR circulated twenty (20) Press/Media Releases to major dailies, television and radio
programs on human rights issues like beheading and mutilation of marines in Patikul, Sulu, Pasig
City demolition, hostage taking in Mindanao, execution of the three Filipinos in China, child abuse
in the TV program Willing-Willie, Manila Mayor’s shoot to kill order, National Bureau of
Investigation (NBI) denial of entry to HIV-positive Theater-Director, PAL-FASAP labor dispute on
age and gender discrimination, human rights situation in Brgy. Didipio, Kasibu, Nueva Vizcaya, case
of Leonardo Co and the incident implicating a police officer from Manila Police District (MPD) who
raped a woman inside the MPD headquarters. Moreover, the Chairperson and Commissioners
appeared in nine (9) media interviews in both television and radio programs.

HUMAN RIGHTS POLICY ADVISORY SERVICES

VI. HUMAN RIGHTS STANDARDS SETTING AND POLICY ADVOCACY


SERVICES servieseriSERVICES
Consistent with its role as a national comprehensive monitor, the Commission has
successfully intervened not only in cases of civil and political rights violations but also in
complaints involving violations of economic, social and cultural rights. Noteworthy to mention
are the interventions that resulted in the disapproval by the Department of Labor and
Employment (DOLE) of gender-discriminatory economic provisions in the collective bargaining
agreement between the Philippine Airlines and the Flight Attendants and Stewards Association
of the Philippines (FASAP); the reinstatement of 29 illegally dismissed local government
employees in Taft, Eastern Samar; and the stoppage or postponement of forced evictions of
several urban poor communities.
The Commission’s interventions in human rights issues involving national and multinational
corporations is bolstered by the unanimous acceptance of the UN Human Rights Council in June
2011 of the Guiding Principles on the “Respect, Protect and Remedy” Framework on Business and
Human Rights. Thus, CHR has looked into the case of the Korean firm, Hanjin Corporation based at
the Subic Bay Industrial Zone involving the accidental deaths of workers, inhumane treatment and
abuse by Korean Officials, inadequate safety and health standards, among others.

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CHR Annual Report 2011

Through the Women’s Human Rights Center, the Commission galvanized a multi-sectoral activism
that led to the repeal of Manila's infamous EO 3 or the ban on artificial contraceptives, a local
measure that violates a woman’s right to reproductive health. Also, under the Child Rights Center, it
was able to shape the discourse on the responsibility of media to protect children's rights following
the brouhaha of the “Willing-Willie” show, as well as against calls to amend the Juvenile Justice
Welfare Act to lower the age of criminal responsibility from 15 to 12 years, which is below
international standards as set by the Convention on the Rights of the Child.

✓ Advisories

➢ Advisory on Fake Arrest and Arbitrary Detention of Innocent Civilians by the


Police

The Commission had expressed its alarm over the incidents of fake arrest and arbitrary detention of
innocent civilians by the police.

The case of Joy Reyes y Lagman is an example of the said incident. She was arrested without any
warrant of arrest by SPO1 Gerardo Rivera and PO2 Jason Magbitang and was detained for more
than 48 hours before the said police officers filed a criminal complaint against her for violation of
Sections 5 and 11 of R.A. No. 9165 otherwise known as “An Act Instituting the Dangerous Drugs Act
of 2002”. However, the City Prosecutor of Manila issued a Resolution dismissing the complaint
against Joy Reyes.

On Automatic review, the Department of Justice (DOJ) affirmed the Resolution of the City
Prosecutor of Manila. The DOJ found Joy Reyes to be a victim of human rights violation and
ordered the City Prosecutor of Manila to cause the immediate release of the said victim and to send
the records of the case to the Office of the Ombudsman as basis for its administrative investigation
against the perpetrators.

The Commission condemns acts of fake arrests and arbitrary detention of civilians by the police as
gross violations of human rights. This act must be abated for it is the policy of the State, as
provided under Article II Section 11 of the Constitution to value the dignity of every human person
and guarantee full respect for human rights.

The Commission is likewise concerned of the fact that during the automatic review of the Office of
the President on resolutions on dismissed cases, the detainee is incarcerated which is a deprivation
of the right to liberty of a person. Hence, the Commission called on members of the PNP to desist
from committing fake arrests and arbitrary detention, and be the guardians and protectors of
human rights of the Filipino people and for the release of detainees in drug cases, the complaints
against whom had been dismissed by the prosecutor.

➢ Advisory on the Human Rights Implications of the Acquisition and Eventual Use
by the PNP of the So-called Non-Lethal Sonic Device for Purposes of Crowd
Control

The state through the Philippine National Police has decided to purchase and use Non-Lethal Sonic
Device (NLSD) also commonly known in the West as Long Range Acoustic Device (LRAD) for crowd
control. The NLSD emits sound pressure levels ranging from 137-153 decibels that can result to

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CHR Annual Report 2011

permanent eardrum injury; permanent and serious organ damage; and, even death to persons
indiscriminately, i.e. not only those involved in a mass action but also by standers/non-participants
so long as they will be within the range to get such impact.

The purchase and possible use of the NLSD for crowd control is contrary to the International
Covenant on Economic, Social, and Cultural Rights (ICESCR). General Comment No. 14, paragraph
33 states that: “The right to health, like all human rights, imposes three types or level of obligations
on State parties: the obligation to respect, protect and fulfill. In turn, the obligation to fulfill
contains obligations to facilitate, provide and promote. The obligation to respect requires States to
refrain from interfering directly or indirectly with the enjoyment of the right to health. The
obligation to protect requires States to take measures that prevent third parties from interfering
with article 12 guarantees. Finally, the obligation to fulfill requires States to adopt appropriate
legislative, administrative, budgetary, judicial, promotional and other measures towards the full
realization of the right to health.

The Commission therefore advises that use of NLSD can result to human rights violations,
particularly on the right to health in relation to rights to human dignity and life, freedoms of
association, assembly, and movement.

➢ Advisory on the Right to Adequate Housing and Humane Treatment of Informal


Settlers

All throughout the country, various forcible evictions and demolitions have caused abuses and
violations of rights against informal settlers, thus making them vulnerable.

As the National Human Rights Institution mandated to promote and protect the human rights of all
Filipinos, the Commission issued an advisory on the Right to Adequate Housing and Humane
Treatment of Informal Settlers containing the guidelines and standards to be observed and
implemented as to the conduct of eviction and demolition; and in providing relocations to informal
settlers vis a vis their rights to adequate housing. In essence, the advisory serves as a guideline to
strengthen the capacity and effectiveness of concerned government agencies and instrumentalities
in pursuing a rights-based approach to urban development, housing and treatment of informal
settlers.

✓ Position Papers

➢ Position on the Philippine Airlines’ (PAL) on Compulsory Retirement and


Pregnancy Leave

The Flight Attendants’ and Stewards’ Association of the Philippines (FASAP), comprised by flight
attendants under the employ of the PAL Incorporated brought to the attention of the CHR and
requested for examination, the policies of the latter on compulsory retirement and pregnancy
leave.

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CHR Annual Report 2011

The policies being questioned are embodied in the November 22, 1996 Collective Bargaining
Agreement (CBA) executed by FASAP and PAL. Section 144, Article 29 sets the compulsory
retirement age of cabin attendants at 55 for females and 60 for males for those hired before the
signing of the agreement, and at 45 and 40 for all cabin attendants hired after the signing and after
22 November 2000, respectively.

Moreover, Section 81, provides that on the third month of her pregnancy, the cabin attendant
concerned shall be placed on pregnancy leave without pay until such period when the provision of
the law on maternity leave becomes effective. All earned vacation leaves and earned days off by
the cabin attendant prior to being placed on pregnancy leave shall be exhausted. While on
pregnancy leave and after exhaustion of all earned vacation leaves, benefits shall no longer accrue.
Sick leave benefits may not be availed of in lieu of pregnancy leave. Cabin attendants accrue
seniority during pregnancy leave.

The same retirement and maternity/pregnancy leave policies were adopted in succeeding CBA’s,
the last of which was supposed to cover the period from 16 July 2005 to 15 July 2010.

On 09 September 2010, The FASAP filed a Notice of Strike with National Conciliation and
Mediation Board and on 6 October 2010, the Secretary of Labor and Employment, Hon. Rosalinda
D. Baldoz, issued an order assuming jurisdiction over the dispute on the basis of Article 236 (g) of
the Labor Code and on the conclusion that the national interest is clearly affected by such dispute.

In a decision dated 23 December 2010, the Secretary of Labor and Employment, fixed the
retirement age of flight attendants at 60 years old, subject to company grooming standards, and
ordered PAL to credit pregnancy and maternity leave in line with the standards set forth in the said
decision.

The Commission issues its position declaring that the retirement, pregnancy and maternity policies
embodied in the PAL-FASAP CBA are discriminatory practices violative of fundamental guarantees
against such practices embodied in the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural
Rights, the Covenant on the Elimination of All Forms of Discrimination Against Women and the
Philippine Magna Carta of Women; and full support on the decision of the Secretary of Labor and
Employment in striking down the discriminatory provisions of the PAL-FASAP CBA.

➢ Position on Ferdinand Marcos’ Burial at the Libingan ng mga Bayani

The Commission felt a deep sense of duty to respond to the pressing issue on the possibility of
former President Ferdinand Edralin Marcos being buried at the Libingan ng mga Bayani since, the
Commission was created under the 1987 Philippine Constitution in response to the vast number of
human rights violations committed during the Marcos Regime.

The Commission strongly opposes the burial of former President Marcos at the Libingan ng mga
Bayani as well as rendering of full military honors because allowing the premier human rights
violator in Philippine history to be buried in the said hallowed grounds is like giving to the dogs the
very essence and soul of the existence of the Commission on Human Rights. It is tantamount to
turning a blind eye to the atrocities committed during the Marcos regime. It is justifying the
disregard for human life and dignity in exchange for power and position. It is swallowing a bitter pill
and forgetting one of the root causes of the state of poverty and corruption we are in now. It is

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CHR Annual Report 2011

negating the memories of individual victims whose lives were changed forever due to the pain of
the past. It is allowing a re-writing of Philippine history by affirming a human rights violator a hero.

➢ Declaration of the Commission on Human Rights on the Recent Hostilities in


Mindanao

The Commission on Human Rights condemned in the strongest possible terms the encounters in
Basilan on 18 October 2011, and the latest in Zamboanga Sibugay on 24 October 2011, which
served to instill fear, terror and suffering for innocent civilians, particularly women, children and
persons with disabilities, whose human rights are gravely affected. It likewise condemned atrocities
committed by any party in Mindanao or in any other part of the country under similar
circumstances. In particular, the CHRP strongly denounced the atrocities of the rouge elements
under International Humanitarian Law (i.e. 6/19 soldiers were captured and still alive but later
executed; with one-half of the dead bodies were mutilated). Under the peace process, the CHR
strongly suggested that both parties return to the negotiating table and review the terms of their
ceasefire agreement and that those rogue elements are investigated and made accountable in
accordance with IHL tenets.

The CHR appealed to the MILF leadership to exhaust all means to prevent other violent episodes
from taking place and abate the spread of hostilities, and commends General Oban and the armed
forces of the Philippines for their humanity and ability to see the bigger picture.

The CHR emphasized its approval of the prudent decision of President Aquino on opting for “all out
justice” and continued trust and investment in the peace process. All parties must pursue their
goals within the framework of the Universal Declaration of Human Rights, International
Humanitarian Law, the 1987 Constitution and other related domestic laws. The Philippine
Government and the MILF must revisit the ceasefire mechanism and all relevant agreements and
treaties entered or adopted with a view to strengthening the interim peace agreement. Both the
government and the MILF should come to the negotiation table in good faith and with genuine
peace as the utmost objective.

Meanwhile, other sectors and stakeholders also have responsibility for the realization and
maintenance of peace in Mindanao and in other parts of the country. The Filipino people are urged
to rise above the situation and unite in breaking the Muslim versus Christian; MILF versus GRP
mindsets.

VII. TREATY MONITORING

Pursuant to its mandate to “monitor government’s compliance with international human rights
obligations” and “to recommend to Congress effective measures to promote human rights”, the
CHR continues to engage relevant stakeholders in government and civil society to ensure that
government complies with international human rights standards in the execution of executive,
legislative, judicial and other government functions, systems and processes. Towards this, the
following are the accomplishments:

✓ Legislative Monitor

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CHR Annual Report 2011

With Commission’s issuance of its Human Rights Legislative Agenda for the Fifteenth Congress
through Resolution CHR (IV) No. A2010-208 last December 23, 2010, CHR continues to monitor
legislative proposals that translate international human rights standards to domestic legislation.
This agenda serves as a guide to legislators on immediate and pressing human rights issues which
needs legislation.

Together with relevant focal offices, and consistent with its priorities under the Human Rights
Legislative Agenda for the Fifteenth Congress, CHR has actively participated in the technical
working group meetings of the proposed bills on Strengthening the Witness Protection Program,
Compensation to Human Rights Victims, Anti-Enforced Disappearance, National Preventive
Mechanism and Internal Displacement of Persons, among others.

The Commission has likewise actively participated in other proposed legislations on human rights
such as the bills on Whistleblowers and the National ID System.

On the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT), CHR-Government and Linkages Office has
submitted the draft position on the matter and has attended in the public hearing for its
ratification.

As for the Anti-Torture Law, the Commission spearheaded the transmittal of copies of the law to
various government agencies. Also, as initial implementation of the law, the Commission has
written to P/Supt Roberto Rongavilla of the Manila Police District requesting for a mapping of all
police stations in Manila.

✓ Universal Periodic Review

In line with the upcoming review of the Philippines to the second cycle of the Universal Periodic
Review (UPR) on 2012, the CHR spearheaded the conduct of a UPR orientation for key officers and
officials in July of 2011. Resource person was Dr. Cecilia Jimenez of the Geneva Forum.

After said orientation, each regional office of the CHR was tasked to conduct their own local UPR
orientation-workshops inviting both government agencies and civil society. Goals of the
orientation-workshop include the gathering of information on the implementation of the previous
recommendations of the Human Rights Council during the first cycle of review as well the gathering
of information on various local human rights issues in the area.

Submissions made by the regional as well as central offices served as basis of the Report submitted
by CHR to the Human Rights Council on November 2011 for the second cycle of the Universal
Periodic Review.

✓ CHR Charter

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CHR Annual Report 2011

The Senate Committee on Justice and Human Rights has already conducted technical working
group meetings to discuss the proposed CHRP Charter. The Senate Committee is already in the
process of finalizing its Committee Report.

At the House of Representatives, on the other hand, technical working group meetings were set in
August of 2011 as per Agenda of the House Committee on Human Rights.

The Commission continues to fervently push for this measure as a way to strengthen its
organizational and functional structures.

✓ Human Rights-Based Approach to Legislation

In partnership with the House of Representatives Committee Affairs Department, CHR-


Government Linkages Office spearheaded the project on the drafting of a “Child Rights-Based
Legislative Checklist”. With a core group composed of select Committee Secretaries and other key
Legislative Officers, several meetings were held to draft, review, revise and finalize the legislative
checklist. Meetings with various child rights experts were also conducted to gather their comments
and inputs on the matter. To date, the core group is in the stage of finalizing the checklist.
Thereafter, the same will be validated and pilot-tested.

This Child Rights-Based Legislative Checklist aims to guide legislators, bill drafters, Committee
Secretaries and other concerned stakeholders in the drafting, review and deliberation of proposed
legislations on children.

✓ Engagements with the Executive

The Commission also took part in giving inputs to the draft Executive Order implementing the Plant
Treaty as well as its implementing rules and regulations.

Focus Group Discussions were also conducted by the Philippine National Police Human Rights
Affairs Office (PNP HRAO) on human rights violations cases committed by PNP Personnel directly
related in the actual performance of duty.

Further, pursuant to the Persons Deprived of Liberty (PDL) Summit held last November 2010, CHR,
through its Government Linkages Office (GovLink) attends as observer to the Inter-Agency
Executive Committee to Monitor the Implementation of the Commitments made in the 2010
National Summit of Persons Deprived of Liberty. This representation is being made until the
Commission has decided on a permanent representative to this Executive Committee.

PARTNERSHIP AND COOPERATION


AT VARIOUS LEVELS

VIII. PARTNERSHIP AND COOPERATION

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CHR Annual Report 2011

As a strategy for effective and efficient program delivery, the CHRP continues to forge alliances and
partnerships with various stakeholders on human rights at the international, regional, national and
grassroots levels. Through the years, the Commission has reached a wider and more strategic
level of partnership with local and international organizations.

• Non-Government Organizations, Civil Society Organizations and Government


Organizations’ Cooperation

The CHR actively participates in several activities spearheaded by NGOs and CSOs relative to
various human rights issues needing multi-sectoral involvement.

Early this year, Libertas invited the CHR, along with COMELEC and other civil society organizations
to discuss the election concerns of persons with disabilities and the elderly. CHR also engaged with
Balay Rehabilitation Center on the ratification of OPCAT, the national preventive mechanism and
internal displacement. Also, the CHR joined the Ecowaste Coalition in several meetings for the
drafting of a paper on the Right to Chemical Safety. In relation to concerns of persons deprived of
liberty, CHR attended several meetings with the Coalition Against Death Penalty. Further, the
Commission became involved in human rights advocacy/legislative agenda with Philippine
Legislators’ Committee on Population and Development (PLCPD), in a comparative country study
project on security sector governance and conflict management with Institute for Strategic and
Development Studies, Inc. (ISDS), the right to water with UNDP and DILG and the preparation of a
Forum on Economic Social and Cultural Rights (ESCR) with Philrights.

The CHR, through the BHRAC, forged a Memorandum of Agreement with the Philippine Center in
Islam and Democracy (PCID) that led to the development of Human Rights Training Modules for
the Women Community Leaders in Muslim Mindanao suited to the cultural activities in ARMM.
This project aimed to promote greater awareness on the dimensions of human rights violations,
especially violence against women and trafficking but most particularly to the potential role of the
Aleemat -Muslim women leaders and Muslim women in responding to such violations. It further
aims to increase women’s knowledge on the human rights framework and train them on educating
their communities on human rights monitoring and reporting; strengthen the role of the Aleemat
and Muslim women in human rights advocacy, peace-building, conflict resolution and national
development. The HR Modules have already been pilot-tested in three (3) selected regions in
Mindanao: Regions IX (Zamboanga), Reg. X (Cagayan De Oro) and Region XII (Cotabato).

• Membership in Inter-Agency Councils and Committees

The Commission participated in the following meetings as a member of different Councils and
Committees: 1) Child Protection Working Group (CPWG) First Regular Meeting of the Year held on
May 23, 2010 at CWC Office, Quezon City; 2) Sixth Country Programme for Children (CPC 6)
National Steering Committee (NSC) Meeting held on June 2, 2011 at NEDA, Ortigas, Pasig City; 3)
National Committee on Child and Youth Participation (NCCYP) 3 rd Regular Meeting held on June 6,
2011 at CWC Office, Quezon City; 4) Philippine Action for Youth Offenders Regular Meeting held
on June 16, 2011 at Ateneo Professional Schools, Rockwell, Makati City; 5) One-day Orientation on
the Triple P-Positive Parenting Program held on June 20, 2011 at Century Park Sheraton Hotel,
Manila; 6) 6TH Special Committee for the Protection of Children (SCPC) Regular Meeting held on
July 6-8, 2011 in Tagaytay City; 7) JJWC SGM Meeting regarding Age of Discernment held on July
18, 2011 at DSWD Office, Quezon City; 8) Special Committee for the Protection of Children (SCPC)

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CHR Annual Report 2011

Localization held on July 19, 2011 at DOJ, Manila; 9) FGD Meeting held on July 20, 2011 at DSWD,
Quezon City; 10) JJWC Regular Meeting held on July 22, 2011 at DOJ, Manila; and 11) Small Group
Meeting of the Committee on Family and Alternative Parental Care (ComFAPC) held on July 28,
2011 at CWC Office, Quezon City.

At the regional level, CHR-CAR had three inter-agency linkages to wit: 1) Boy’s Abuse and
Exploitation – Creating a greater awareness of the community about the plight of boys who are
abused and exploited; 2) Regional Council for the Welfare of Children (RCWC) Meeting and
Orientation on the Revised Tool for Child Friendly Municipality/City Accomplishment Reports,
Priority Concern for the last semester such as Street Children, Indigenous Children, CICL’s and
Children with Disabilities; and 3) National Youth Commission (NYC) Regional Advisory Cluster
Meeting and Planning.

CHR also actively participated in the following working groups in the advancement of women’s
rights: Reproductive Health Advocacy Network for the Reproductive Health Bill; Inter-agency
Council Against Violence Against Women and their Children (Implementing Agency and Council
Member). As implementing agency, CHR is mandated to assist victims in the filing and/or
preparation of protection orders; Inter-agency Council Against Trafficking (observer status). CHR is
not a council member but through the invitation of Vice President Jejomar Binay, the Commission
now has observer status with Inter-Agency Council Against Trafficking of Women and enables it to
offer advisory opinion to policy issues; Interagency sub-cluster on Gender Based Violence in
emergency situations (formulations plans on how to address GBV in emergency situations.

• International Engagements and Collaboration: New and Continuing Projects

✓ Enhancing the Role of National Human Rights Institutions in the Development of an


ASEAN Human Rights Mechanism in the Region

The European Union -assisted project that supported the South East Asia National Human Rights
Institutions Forum (SEANF) was formally concluded in February 2011 with concrete outputs of each
thematic sub-project relating to issues of Migration, Anti-Trafficking, ESCR and HR Education, in
place. As a concluding activity, the CHR hosted the 9 th TWG of the SEANF held from 24 to 25
February 2011 at Eastwood Richmonde Hotel, Quezon City, Philippines. In this meeting, the body
agreed to hold a Strategic Planning Workshop to craft a strategic plan that will define its vision,
mission and long-term objectives, looking towards a national and regional reach. With a 5-year
Strategic Plan in place, the SEANF, a network of the Human Rights Commissions of Indonesia,
Malaysia, Philippines, Thailand and the Provedor for Human Rights and Justice of Timor Leste
continues to exert influence in shaping the human rights framework in the ASEAN. During its 8 th
Annual Meeting held in Manila in October, SEANF raised it concerns on the content of the ASEAN
Human Rights Declaration and process of drafting being undertaken by the ASEAN
Intergovernmental Commission on Human Rights and thus, submitted its collective position paper
on the AHRD.

✓ Institutional Strengthening of the Commission on Human rights of the Philippines (CHRP)


under the Agencia Espanola de Cooperacion Internacional para el Desarrollo (AECID)

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CHR Annual Report 2011

The Grant is awarded to the Republic of the Philippines, through the Commission on Human Rights
(CHR) with recognized legal personality, capacity to act, and technical and economic solvency to
implement the grant. The grant amounts to two million seven hundred fifty thousand euros
(€2,750,000.00).

The Grant funding aims at developing CHR’s capacities to implement and advocate the Human
Rights-Based Approach (HRBA) in local and national plans and policies, improving CHR effective
field presence and outreach and levels f awareness and coordination with other official institutions
and the civil society. To achieve such purpose, two main results are sought:

1. Strengthened capabilities in CHR to deliver human rights protection, promotion and policy
services leading to institutionalized human rights standards, principles and techniques in
the work of local government units and regional inter-agency bodies.
2. A culture of human rights, where empowered communities are able to participate in and
determine their own development

The project to be implemented through this grant shall have a duration of thirty-six (36) months
and will commence upon receipt of funds.

✓ CHR-UNCHR Project for the Protection of Internally Displaced Persons in Mindanao

In pursuit of this mandate to protect persons who are most vulnerable and whose rights have been
violated such as Internally Displaced Persons (IDPs) in Mindanao, the CHR notes the need for
continuing programmes to further its protection agenda in cooperation with other protection
agencies such as the United Nations High Commissioner for Refugees (UNHCR).

In 2011, the Commission on Human Rights (CHR) forged a partnership with the United Nations High
Commissioner for Refugees (UNHCR) in pursuit of a common goal of protecting the rights of
persons who are displaced due to armed conflict situations in Mindanao.

In fulfillment of the goal, the Commission utilized CHR Regional Offices X (Cagayan De Oro), XI
(Davao) and XII (Cotabato) to develop a work plan that shall operate within the framework of
protection monitoring, which essentially delves with establishing networks in the region and
conducting ground-laying activities with the local government units including barangays, which in
effect shall facilitate a systematic flow of information and reporting with regard to displacement
situations in certain areas.

As accomplishments, CHR was able to organize the IDP Units in the regional offices in Mindanao
and in the course of initial implementation of the project, the CHR regional teams were able to set
their agenda on the field, as evidenced by their reports that illustrate CHR’s extent to communities
at risk/displaced due to armed conflict. Following the extensive field works and ground-laying
activities is the acceptance of the partners of the project purpose and parameters that enabled
referral system among the network organizations.

Through this partnership, the IDP Monitoring Tool, which was jointly crafted by CHR and Balay
Rehabilitation Center, Inc. in June 2010 became an important reference document in carrying out
the project operations and in enhancing the relationship between and among partners.
Furthermore, CHR was able to acquire specific and actual information on the situation of the

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CHR Annual Report 2011

displaced population or at risk of displacement that the five (5) regional offices in Mindanao,
including Region IX and Caraga were able to gather on the ground.

In 2012, the CHR will embark on a renewed partnership with the UNHCR that will still operate
within IDP Protection Monitoring in Mindanao having the same regional and central office staff,
with CHR Regions IX and CARAGA now officially on board. To be able to fulfill the task for the year,
the team agreed to work on a common framework of action that shall be under the theme, RULE
OF LAW. Within this framework are three components: (1) PARALEGAL Training for members of
the community and selected duty bearers; (2) DEVELOPMENT OF IEC MATERIALS that tackle the
unique role of the Commission on Human Rights as a national human rights institution in IDP
protection as well as the role of duty bearers on internal displacement; and (3) Integration of
Human Rights-Based Approach to internal displacement.

✓ Fostering Democratic Governance – Strengthening Human Rights Infrastructures


under the United Nations Development Programme (UNDP)

The continuing programme with UNDP, Fostering Democratic Governance – Strengthening Human
Rights Infrastructures in the Philippines is a multilateral partnership that aims to address human
rights-based governance, human rights issues, strengthening human rights institutions, building
constituencies for the advancement as well as mainstreaming of human rights and gender rights.

➢ Website Monitoring System to Monitor State Compliance on the Universal Periodic


Review (UPR)/Treaty Obligation/Special Procedures (Phase 1)

The Commission on Human Rights (CHR), as mandated by the 1987 Philippine Constitution to
monitor government compliance with its human rights obligations under the international treaties
has come up with a project to monitor said compliance through a website monitoring system which
includes a Knowledge Portal which will integrate and contain all the information of the
Comprehensive Strategic Monitoring/Compliance of the United Nations (UN) Treaty conventions.

As of 2011, the project has achieved the following results: 1) web framework for the Comprehensive
Monitoring of the UN Treaty Conventions; 2) Geographic Information System (GIS) module; 3)
mapped out location of the CHR regional offices nationwide using GIS; 4) demographic data
relevant to CHR such as but not limited to human rights violations, population, location of CHR
offices and personnel; 5) designed a better search engine; and 6) prepared user guides and
conducted a user training to CHR.

➢ Asia-Pacific Regional Dialogue of the Global Commission on HIV and the Law

Last February 2011, the CHR participated in the regional dialogue and contributed to the
cumulative accomplishment of the following immediate impacts/results ensued: 1) awareness of
the latest data on HIV in the Philippines, specifically the disaggregation of the numbers into the
most affected groups such as sex workers, men who have sex with men, overseas contract workers,
the youth, and the prisoners; 2) appreciation of the legal and policy barriers existing in the
Philippines that are not endemic but in fact common in most parts of the Asia-Pacific Region; 3)
strengthened resolve to mainstream HIV response in the programs and activities of the CHR, using
a rights-based approach and targeting the most vulnerable groups; 4) decision to collaborate with

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CHR Annual Report 2011

other agencies of the government, especially the House of Representatives and the Senate, the
Department of Health, the Department of Justice, the National Youth Commission, the National
Commission on Filipino Women, and key local government units, as well as local and international
non-government organizations to address HIV more effectively; and 5) contribution to the efforts
of the Global Commission on HIV and the Law to develop actionable, evidence-informed and
human rights-based recommendations for effective HIV responses.

➢ Indigenous Peoples, Human Rights and Advocacy: A Training Program for


Indigenous Peoples Advocates from the Asia Pacific

On April 6-16, 2011, the Diplomacy Training Program (DTP), an Asia-Pacific human rights non-
government organization based in the University of South Wales, Australia and IPRM-Dinteg
organized a training program for Indigenous Peoples Advocates from the Asia Pacific wherein
capacitated 41 indigenous people’s advocates from 15 countries have participated of whom three
(3) were from the CHR regional offices. The comprehensive training program provided in-depth
information not only on the relevant international instruments relating to the rights of indigenous
peoples, but also on the different United Nations mechanisms available for indigenous peoples
rights advocacy, the different issues that confront indigenous peoples, and the practical skills
needed to address such issues and to pursue indigenous peoples rights advocacy.

➢ Learning-Workshop on the Legislative Process, Lobbying and the Human Rights-


Based Approach (HRBA) to Legislation and Policy Development

The Learning-Workshop is envisioned as the start of a cyclical (SONA to SONA) wherein the
Legislative Liaison Officers (LLOs) of national government agencies and counterparts in
constitutional bodies will meet before or right after the next SONA, every year, to assess/review the
President’s Priority Legislative Agenda and the Common Legislative Agenda of LEDAC vis-à-vis the
priority bills identified in the Philippine Development Plan (PDP).

This was made possible through the collaborative effort of the Commission on Human Rights
(CHR), the Presidential Legislative Liaison Office (PLLO), the LEDAC Secretariat and the National
Economic and Development Agency (NEDA), with the support of the United Nations Development
Program (UNDP). This was successfully conducted on August 10-13, 2011 at the Holiday Inn-Clark,
Angeles City, Pampanga and was attended by LLOs under the Legislative Liaison System (LLS)
from 59 National Government Agencies (NGAs), including the Presidential Management Staff
(PMS), the Office of the Executive Secretary (OES), counterparts from constitutional bodies and a
representative from the United Nations Civil Advisory Council (UNCSAC).

The said Learning-Workshop is a milestone in the promotion of HRBA in legislation and policy
development –the first HRBA training that has ever been conducted with the convergence of key
government officials and employees from the entire national bureaucracy.

As a result of the said Learning-Workshop, clusters addressing the Social Contract of the President
were created. Said clusters, composed of representatives from various government agencies and
were tasked to ensure the passage of the President’s priority legislative agenda. The CHR has been
formally acknowledged as an independent “member of the LLS clusters.”

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CHR Annual Report 2011

✓ Australian Support to Promotion of Human Rights in the Philippines

Signed in 2010, the Declaration of Cooperation between Australia and the Philippines signifies
partnership between the two countries to support the activities that will enhance CHR’s
investigation and education capacity. This 4-year joint project is particularly aimed at improving
the investigative capabilities of the CHR through technical assistance provided by the Peruvian
Forensic Anthropology Team or Equipo Peruano de Antropologia Forense (EPAF) and fulfilling the
Commission’s education and training mandate that will include building capacities of other actors.

The Proposal & Financing Agreement for the upcoming project on the training for CHR
Investigators in Forensic Anthropology Techniques has been finalized and shall be conducted by
the Peruvian Forensic Anthropology Team. The first phase, which was the interview of candidates,
was conducted in June and July with 82 candidates, consisting of lawyers and investigators from the
Regional Offices.

✓ Development of Martus-Based HR Executive Information System by the Asia


Foundation

Since its operationalization in 2009, the project of Asia Foundation with CHR on information
technology-based assistance to human rights organizations in collecting, safeguarding, organizing
and disseminating information about human rights abuses using the Martus software has improved
in terms of facilitating internal monitoring of statistics. Nonetheless, much work has to be done in
bridging the gap between NGO and CHR in the documentation of human rights abuses. The Martus
System is now upgraded to MAREIS or Martus Executive Information System and being utilized in
the central and regional offices.

With the same funding institution providing support to CHR, the Commission has finally approved a
new Manual on Investigation and Case Management Processes. Copies of the manual have already
been produced. With supplemental support of the Australian Government, it is intended that this
manual and soon-to-be adopted Omnibus Rules of Procedure (ORP) serve as the basis for
improvements in the Martus-based Executive Information System in order to facilitate professional
case management and more accurate statistical analysis.

➢ Pilot-testing of the Child Rights Violations Module under the Martus-Based HR


Executive Information System

The Child Rights Center (CRC) and the Information and Systems Management Office (ISMO) held a
three (3) day training last August 2011 for the regional investigators and lawyers of the Commission
who handle cases concerning children. The training was to pilot-test the Child Rights Violations
Module developed under the Martus-Based HR Executive Infromation System and the User’s
Manual created for that purpose. The User’s Manual for the CRVM was presented to the
participants for their validation. Additional inputs and suggestions by the participants were added
in the final User’s Manual.

The development of the module, the training and the printing of the manuals were all funded by
the UNICEF.

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CHR Annual Report 2011

ADMINISTRATION, FINANCE AND


MANAGEMENT

IX. INSTITUTIONAL STRENGTHENING OF THE CHR

✓ Internal Reforms

To improve the delivery of human rights protection services, the Commission has been able to
finalize its Omnibus Rules of Procedures (ORP). This year, the Commission-en-Banc will be able to
formally approve and direct its publication as well as its submission to the Office of the National
Administrative Register of the UP Law Center.

With support from the European Union and The Asia Foundation, the CHR has finally approved a
new Manual on Investigation and Case Management Processes. It is intended that this manual and
the soon-to-be adopted ORP serve as the basis for improvements in the Martus-based Executive
Information System in order to facilitate professional case management and more accurate
statistical analysis.

AusAID has also committed significant resources to help CHR upgrade its tools and techniques in
human rights investigation through forensic science. This will help speed up resolution of high
profile cases and improve documentation of findings and evidences for prosecution- ready reports.

CHR has also updated its Organizational Performance Indicator Framework (OPIF) to allow for
seamless integration with the Philippine Development Plan. By clarifying the institution’s major
services and outputs into three main categories namely promotion, protection and policy, we
expect to generate a more coherent understanding of our accountabilities to the people.

✓ Agency Strategy Plan and Performance Report

Based on the Strategic Options in place, the Commission reviewed the strategies vis-à-vis the Road
Map towards Comprehensive Monitoring enunciated by the Chairperson. This review resulted in (1)
the consolidation of the strategic options pertaining to the institutional growth of the CHRP, e.g.
finance and resources, internal processes, and learning and growth into one major priority area; and
(2) elaboration of and identification of new strategies relating to its client stakeholders or right-
holders as well as strategies relating to partner-stakeholders and duty-bearers. These updated
options are summarized into Priority Thrusts and Directions: namely

Under each strategic direction, outcomes and outputs shall be identified as the bases for the annual
performance review of the agency.

✓ Capability Building

✓ Local Trainings and Seminars

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CHR Annual Report 2011

To improve employees’ knowledge and skills in monitoring and evaluation, the Commission funded
two (2) employees from the Central Office to undergo the trainings on Statistics offered by the
Statistical Research and Training Office. The two trainings were about the Administration of
Surveys and FGDs with Qualitative Data Analysis held on June 27 – July 1, 2011 and Basic Statistics
for Research held on July 4-8, 2011.

The Commission also organized a Training on Preventive Monitoring of Torture and Ill-Treatment,
held from 20-22 November 2011. This was participated in by 45 CHR regional personnel, four CHR
central personnel, and representatives from three non-government organizations (NGOs), namely:
Balay Rehabilitation Cente, Inc., Medical Action Group (MAG), and Task Force Detainees of the
Philippines (TFDP).

The training had built practical skills on specific methodology of preventive monitoring during the
different phases of a visit; discussed and analyzed the follow-up on monitoring visits, in particular
the drafting of reports and effective recommendations; and identified priority areas and next steps
for the detention monitoring program in CHR.

✓ International Scholarships and Trainings

➢ Workshop on Corporate Social Responsibility (CSR) within an ASEAN Human


Rights Framework

The Singapore Working Group for ASEAN Human Rights Mechanism (Locally known as MARUAH)
organized a two-day seminar for the regional body- The Working Group for ASEAN Human Rights
Mechanism. The Singapore Working Group partnered with other local bodies in this effort aimed at
raising awareness to the intersections between Corporate Social Responsibility (CSR) and Human
Rights among government officials, academe corporations and key national civil society
organizations. The two-day seminar fulfilled the following aims: (1) raised awareness to United
Nations Framework on Business and Human Rights; (2) raised awareness to efforts at the ASEAN
level on Corporate Social Responsibility in the context of the protection of and respect for human
rights; (3) shared best practices amongst governments, the private sector, corporations and civil
society on CSR and human rights; and (4) reviewed how CSR was about ensuring environmental
sustainability, social development and building best models to meet the triple bottom-line of
profits, people development and planet sustainability.

This workshop was attended by representatives from the ASEAN Intergovernmental Commission
on Human Rights (AICHR), Ministry Representatives from Trade and Industry, Labour and
Environment, International Key Members of the Business Community, Regional or National NGOs
and the SEANF Working Group Members.

➢ Scholarship at the University of Sydney in Australia

This year, the Commission granted the request of CHR personnel Ms. Sarah Claire Sison for study
leave as a European Commission Scholar for the Masters of Human Rights Democratisation
Programme at the University of Sydney, Australia, from July 15 2011 to July 15, 2012.

➢ Scholarship for LLM at the Hong Kong University

48
CHR Annual Report 2011

The Commission believes in the opportunity for its personnel to acquire expertise in their chosen
field, and in effect strengthening the Commission’s programs and services. In view of this, the
Commission authorized the attendance on official time of CHR regional personnel Mr. Edwin P.
Solis and Central Office lawyer Atty. Gemma F. Parojinog as Sohmen Human Rights Scholars at the
University of Hong Kong for their Masters of Laws in Human Rights Programme from September 1,
2011 to August 30, 2012.

Regional and International Engagements


January-December 2011

Engagement with UN and HR Bodies

Activity Date Venue

1) 55th Session of the United Nations February 22-March 4, 2011 New York, USA
Commission on the Status of Women

2) Briefing on the Universal Periodic September 6-7, 2011 Bangkok, Thailand


Review

Engagements with NHRI Networks

Activity Date Venue

1) Asia Pacific Rule of Law Conference January 26-28, 2011 Kuala Lumpur,
Malaysia

2) The Kick-off and Research Meeting for January 31-February 2, 2011 Bangkok, Thailand
Representatives from National Human
Rights Institutions (NHRIs) and
Academic Institutions in Regional Asia
3) Asia Pacific Regional Dialogue of the February 16-17, 2011 Bangkok, Thailand
Global Commission on HIV and the
Law
4) Pre- Session Meeting of the ICC May 16-20, 2011 Geneva, Switzerland
Bureau, 24th Annual Meeting of the
International Coordinating Committee
of National Human Rights Institutions
for the Promotion and Protection of
Human Rights, and Workshop on the
Role of Prevention in the Promotion
and Protection of Human Rights
5) Strategic Planning Workshop of the June 9-11, 2011 Jakarta , Indonesia
South East Asia National Human
Rights Institutions Forum (SEANF)

49
CHR Annual Report 2011

6) UNFPA-AFP Reproductive Rights June 20-21, 2011 Kuala Lumpur,


Consultation Malaysia

7) 16th Annual Meeting and Biennial September 6-8, 2011 Bangkok, Thailand
Conference of the Asia Pacific Forum
of NHRIs
8) ICC Bureau Meeting, Asia-Pacific October 10-14, 2011 Seoul, Korea
Regional Conference on Business and
Human Rights for National Human
Rights Institutions, and ICC Working
Group on Business Group and Human
Rights Meetings
9) 4th Regional Consultation on ASEAN Nov. 27-29, 2011 Bali, Indonesia
and Human Rights”

Participation in HR Conferences, Workshops, Trainings and Other Fora

Activity Date Venue

1) Regional Expert Symposium on February 17-18, 2011 Bangkok, Thailand


Securing the Fundamental Principles
of a Fair Trial for Persons Accused of
Terrorist Offenses

2) High Level Dialogue March 13-17, 2011 Male, Maldives

3) Senior Executive Officer Roundtable March 23-25, 2011 Male, Maldives

4) 2nd Phase of the Programme- The May 2-5, 2011 Cape Town, South
Rights of the Child, A Practical Africa
Approach

5) US Foreign Policy and Human Rights June 13-July 1, 2011 United States of
America

6) 7th Annual Course on the Law of June7-12, 2011 Sanremo, Italy


Internal Displacement

7) Face to Face Training on Blended June 26-July 2, 2011 Bangkok, Thailand


Learning Course on the Equal Status
and Human Rights of Women in
Southeast Asia for National Human
Rights Institutions and Academic
Institution in Southeast Asia

8) Democracy and Human Rights June 29-30, 2011 Berlin, Germany


Developments and Trends under the

50
CHR Annual Report 2011

Aquino Administration

9) 1st General assembly of the Steering August 2-4, 2012 Chiang Mai, Thailand
Committee of the Asian Consortium
for Human Rights-Based Approach to
Access to Justice (HRBA2J-Asia) with
a theme “Building Unities on HRBAA2J
and Expanding Our Reach
10) International Academy for Leadership September 18-30, 2011 Gumnersbach,
Seminar on “Equity and Justice in a Germany
Globalized World- A Liberal Review

11) Conference on “Human Rights and Nov. 28-Dec. 1, 2011 Bali, Indonesia
Business: Plural Legal Approaches to
Conflict Resolution, Institutional
Strengthening and Legal Reform”
Source: COMSEC

✓ HEALTH PROMOTION AND MAINTENANCE OF EMPLOYEES

✓ Health and Wellness

During the 1st semester of 2011, 23 personnel of the CHR sought medical consultation at the CHR
Forensic Center. These were mostly cases of upper respiratory tract infection, both viral and
bacterial, for which, medications were dispensed. Concurrently, the Center recorded 171 instances
of blood pressure monitoring.

The Forensic Center with assistance from pharmaceutical companies was able to invite members of
the medical community to the CHR to give short talks on the importance of vaccinations against
viral influenza and cervical cancer. These talks were followed by vaccination drives. 37 persons
availed of the opportunity to be vaccinated against viral influenza, while 41 women-employees
were given the 1st dose (out of 3) of anti-cervical cancer vaccine.

The Forensic Center is also pushing through with the acquisition of its laboratory equipment which
was deferred during the previous year. The funds and process have been placed with the
Procurement Service of the DBM and initial discussions between this agency and the CHR
regarding the conduct of the bidding were held late in the 2nd Quarter. The bidding is expected to
push through in the 2nd Semester of 2011.

The Commission has also organized an Orientation on HIV and Human Rights for the CHR regional
and central office personnel as a response to the alarming situation of increasing HIV incidents in
the Philippines. The orientation helped raise the awareness of CHR personnel on the issue of HIV
and realized the need to respect, protect and fulfill the rights of persons living with HIV. The
orientation was held on 23 November 2011 for the regional office personnel and on 1 December
2011 for the central office personnel.

51
CHR Annual Report 2011

✓ STAFFING COMPLEMENT

As of December 2011, the Commission has a total manpower complement of 548 personnel, of
which 250 are assigned at the Central Office and 298 at the 15 Regional Offices. Of these number,
290 are males while 258 are females.

The tables and figures below present the gender distribution and pluralist representation of the
Commission staff:

Table 12.
Number of Technical CHRP Staff

Position Central Regional Total


Office Office Total
Filled-Up Filled-Up Filled-Up Vacant
Professionals/ 20 47 67 46 113
Lawyers
Investigators 29 113 142 16 158
Trainors/
Education Officers 18 20 38 16 54

Table 13.
Gender Balance

Gender Commission 3rd Level 2nd Level 1st Level Total


En Banc Positions Positions Positions
Male 2 4 183 101 290
Female 3 6 152 97 258
Total 5 10 335 198 548

Table 14.
Sector-Based

Indigenous People with


Employees Disabilities
Central Office 2 2
Regional Office 19 0
Total 21 2
Source: HRDD

52
CHR Annual Report 2011

✓ CHR BUDGET AND EXPENDITURES

For 2011, the Commission worked on a total funding of Php 330,719,000.00 which included the
amount of Php 9,583,000.00 allotment balance carried over from FY 2010. From the total budget,
the Php 285,466,000.00 was appropriated for its Regular Programs and Projects including the
Automatic Appropriations (Life and Retirement Premiums) pursuant to the FY 2011 General
Appropriations Act (GAA). The Php 35,670,000.00 additional appropriations under the
Miscellaneous Personnel Benefits Fund (MPBF) and Pension Gratuity Fund (PGF) was allotted for
the Salary Standardization Law III (SSL III) adjustments and Terminal Leave Benefits. The FY 2011
appropriations has been reduced by Php 16,449,000.00 as compared to the FY 2010 budget.

The Summary of Expenditures reflects that the amount of Php 323,347,000.00 was expended out of
the Php 330,719,000.00 and the allotment balance of Php 7,372,000.00 shall be treated as
Continuing Appropriations for FY 2012.

Table 15.
FY 2011 BUDGET
RA 10147

In Thousand Pesos
PARTICULARS PS MOOE CO TOTAL
Regular
Program 207,548 56,027 263,575
Locally-Funded Projects 3,325 3,325
Sub-Total 207,548 59,352 - 266,900

Automatic Appropriations
Retirement & Life Insurance
Premiums (RLIP) 18,566 18,566
Total Programs & Projects 226,114 59,352 - 285,466

Additional Appropriations
MPBF/PGF 35,670 35,670
261,784 59,352 321,136

Continuing Appropriations
2010 Allotment Balance 9,583 9,583
TOTAL 261,784 68,935 - 330,719
Source: FMO

53
CHR Annual Report 2011

Table 16.
FY 2011 SUMMARY OF EXPENDITURES

In Thousand Pesos
PARTICULARS PS MOOE CO TOTAL
Regular
Program 207,548 49,924 257,472
Locally-Funded Projects 2,056 2,056
Sub-Total 207,548 51,980 - 259,528

Automatic Appropriations
Retirement & Life Insurance
Premiums (RLIP) 18,566 18,566
Total Programs & Projects 226,114 51,980 - 278,094

Additional Appropriations
MPBF/PGF 35,670 35,670
261,784 51,980 - 313,764

Continuing Appropriations
2010 Allotment Balance 9,583 9,583
Sub-Total
TOTAL 261,784 61,563 - 323,347
Source: FMO

Note: The unexpended balance of P7,372 M shall be treated as Continuing Appropriations for FY
2012 pursuant to Section 65 of the FY 2011 GAA, RA 10147.

54

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