EXECUTIVE ORDER NO. 163 May 5, 1987
DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ON HUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR OTHER PURPOSES.
WHEREAS, the 1987 Constitution has been ratified by the people;
WHEREAS, the 1987 Constitution has created an Independent office called the Commission on Human Rights; and
WHEREAS, there is an urgent necessity to constitute the Commission on Human Rights to give effect to the State policy that "the State values the dignity of every human person and guarantees full respect for human rights"
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:
Sec. 1. The Commission on Human Rights as provided for under Article XIII of the 1987 Constitution is hereby declared to be now in existence.
Sec. 2. (a) The Commission on Human Rights shall be composed of a Chairman and four Members who must be natural-born citizens of...
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Executive Orders
Declaring the Effectivity of the Creation of the Commission on Human Rights as Provided For in the 1987 Constitution, Providing Guidelines For the Operation Thereof, and For Other Purposes.
Executive Order No. 163
Summary of Executive Order No. 163
Establishment of the Commission on Human Rights
- The Commission on Human Rights (CHR) is declared to be in existence as provided for in Article XIII of the 1987 Constitution. (Section 1)
Composition and Appointment of the Commission
- The CHR shall be composed of a Chairman and four Members who must be natural-born Filipino citizens, at least 35 years old, and not candidates for any elective position in the immediately preceding elections. (Section 2a)
- A majority of the CHR members shall be members of the Philippine Bar. (Section 2a)
- The Chairman and Members shall not hold any other office or employment, engage in the practice of any profession, or have financial interests that may be affected by their functions. (Section 2b)
- The Chairman and Members shall be appointed by the President for a term of seven years without reappointment. Appointments to vacancies shall be for the unexpired term of the predecessor. (Section 2c)
- The Chairman and Members shall receive the same salary as the Chairman and Members of the Constitutional Commissions, which shall not be decreased during their term. (Section 2d)
Powers and Functions of the Commission
- Investigate all forms of human rights violations involving civil and political rights, either on its own or upon complaint. (Section 3.1)
- Adopt operational guidelines, rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court. (Section 3.2)
- Provide legal measures for the protection of human rights of all persons within the Philippines and Filipinos residing abroad, and provide preventive measures and legal aid services to the underprivileged whose rights have been violated or need protection. (Section 3.3)
- Exercise visitorial powers over jails, prisons, or detention facilities. (Section 3.4)
- Establish a continuing program of research, education, and information to enhance respect for human rights. (Section 3.5)
- Recommend to Congress effective measures to promote human rights and provide compensation to victims of human rights violations or their families. (Section 3.6)
- Monitor the Philippine Government's compliance with international treaty obligations on human rights. (Section 3.7)
- Grant immunity from prosecution to witnesses whose testimony or evidence is necessary to determine the truth in any investigation conducted by the CHR. (Section 3.8)
- Request assistance from any government department, bureau, office, or agency in the performance of its functions. (Section 3.9)
- Appoint its officers and employees in accordance with law. (Section 3.10)
- Perform other duties and functions as may be provided by law. (Section 3.11)
Abolition of the Presidential Committee on Human Rights
- The Presidential Committee on Human Rights, created under Executive Order No. 8, is abolished. (Section 4)
- The CHR shall exercise the functions and powers of the Presidential Committee on Human Rights under Executive Order No. 8, which are not inconsistent with the 1987 Constitution. (Section 4)
- The unexpended appropriations, properties, records, equipment, buildings, facilities, and other assets of the Presidential Committee on Human Rights shall be transferred to the CHR. (Section 4)
- The CHR may retain personnel of the Presidential Committee on Human Rights as necessary. Separated personnel shall receive benefits under existing laws, rules, and regulations. (Section 4)
Funding and Implementation
- The approved annual appropriations of the CHR shall be automatically and regularly released. (Section 5)
- All laws, orders, issuances, rules, and regulations inconsistent with this Executive Order are repealed or modified accordingly. (Section 6)
- This Executive Order shall take effect immediately. (Section 7)
Establishment of the Commission on Human Rights
- The Commission on Human Rights (CHR) is declared to be in existence as provided for in Article XIII of the 1987 Constitution. (Section 1)
Composition and Appointment of the Commission
- The CHR shall be composed of a Chairman and four Members who must be natural-born Filipino citizens, at least 35 years old, and not candidates for any elective position in the immediately preceding elections. (Section 2a)
- A majority of the CHR members shall be members of the Philippine Bar. (Section 2a)
- The Chairman and Members shall not hold any other office or employment, engage in the practice of any profession, or have financial interests that may be affected by their functions. (Section 2b)
- The Chairman and Members shall be appointed by the President for a term of seven years without reappointment. Appointments to vacancies shall be for the unexpired term of the predecessor. (Section 2c)
- The Chairman and Members shall receive the same salary as the Chairman and Members of the Constitutional Commissions, which shall not be decreased during their term. (Section 2d)
Powers and Functions of the Commission
- Investigate all forms of human rights violations involving civil and political rights, either on its own or upon complaint. (Section 3.1)
- Adopt operational guidelines, rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court. (Section 3.2)
- Provide legal measures for the protection of human rights of all persons within the Philippines and Filipinos residing abroad, and provide preventive measures and legal aid services to the underprivileged whose rights have been violated or need protection. (Section 3.3)
- Exercise visitorial powers over jails, prisons, or detention facilities. (Section 3.4)
- Establish a continuing program of research, education, and information to enhance respect for human rights. (Section 3.5)
- Recommend to Congress effective measures to promote human rights and provide compensation to victims of human rights violations or their families. (Section 3.6)
- Monitor the Philippine Government's compliance with international treaty obligations on human rights. (Section 3.7)
- Grant immunity from prosecution to witnesses whose testimony or evidence is necessary to determine the truth in any investigation conducted by the CHR. (Section 3.8)
- Request assistance from any government department, bureau, office, or agency in the performance of its functions. (Section 3.9)
- Appoint its officers and employees in accordance with law. (Section 3.10)
- Perform other duties and functions as may be provided by law. (Section 3.11)
Abolition of the Presidential Committee on Human Rights
- The Presidential Committee on Human Rights, created under Executive Order No. 8, is abolished. (Section 4)
- The CHR shall exercise the functions and powers of the Presidential Committee on Human Rights under Executive Order No. 8, which are not inconsistent with the 1987 Constitution. (Section 4)
- The unexpended appropriations, properties, records, equipment, buildings, facilities, and other assets of the Presidential Committee on Human Rights shall be transferred to the CHR. (Section 4)
- The CHR may retain personnel of the Presidential Committee on Human Rights as necessary. Separated personnel shall receive benefits under existing laws, rules, and regulations. (Section 4)
Funding and Implementation
- The approved annual appropriations of the CHR shall be automatically and regularly released. (Section 5)
- All laws, orders, issuances, rules, and regulations inconsistent with this Executive Order are repealed or modified accordingly. (Section 6)
- This Executive Order shall take effect immediately. (Section 7)