1,000-peso CHR budget may be UNCONSTITUTIONAL; Separation of powers
The Commission on Human Rights is a creation of the Constitution, which provides it its powers and functions. The Constitution provides that the approved annual appropriations of the Commission shall be automatically and regularly released. Hence, the Congress is still to decide on how much the Commission's budget would be. Recently, CNN Philippines wrote, "Lawmakers frustrated over the performance of the Commission on Human Rights (CHR) gave the agency a P1,000 budget for next year, effectively rendering it useless."
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Although it is not unconstitutional to provide the Commission a lower budget, it should not be so low that its powers and functions can no longer be exercised. Such an act of lowering the budget of the Commission, "effectively rendering it useless," would be an indirect attempt to stop it from functioning, thereby violating the doctrine of separation of powers. Quoted below is the part of the Constitution creating the Commission.
Joselito Basilio has expressed this view: "Where the Constitution mandates a constitutional office to exercise powers and perform certain tasks, Congress is bound to grant appropriation adequate to enable such office to carry out its constitutional assignment. Whilst it is true that Congress wields the power of the purse, the exercise of such power should neither diminish the efficacy of the Constitution nor emasculate the oversight function of a constitutional office and render the constitutional provisions relating thereto inoperative. In my view, the preposterous reduction of CHR['s] budget (if it becomes part of the GAA) is an ultra vires act and Congress acted in an arbitrary manner by reason of passion which is subject to judicial review. To view this as a political question would result in an unreasonable and unjust situation where Congress can emasculate any constitutional offices and government agencies including the military by defunding their budgets, making Congress a despotic and most powerful branch of government contrary to the design of the Constitution."
HUMAN RIGHTS (ARTICLE XIII)
Section 17.
1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the following powers and functions:
1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.
Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.
Although it is not unconstitutional to provide the Commission a lower budget, it should not be so low that its powers and functions can no longer be exercised. Such an act of lowering the budget of the Commission, "effectively rendering it useless," would be an indirect attempt to stop it from functioning, thereby violating the doctrine of separation of powers. Quoted below is the part of the Constitution creating the Commission.Joselito Basilio has expressed this view: "Where the Constitution mandates a constitutional office to exercise powers and perform certain tasks, Congress is bound to grant appropriation adequate to enable such office to carry out its constitutional assignment. Whilst it is true that Congress wields the power of the purse, the exercise of such power should neither diminish the efficacy of the Constitution nor emasculate the oversight function of a constitutional office and render the constitutional provisions relating thereto inoperative. In my view, the preposterous reduction of CHR['s] budget (if it becomes part of the GAA) is an ultra vires act and Congress acted in an arbitrary manner by reason of passion which is subject to judicial review. To view this as a political question would result in an unreasonable and unjust situation where Congress can emasculate any constitutional offices and government agencies including the military by defunding their budgets, making Congress a despotic and most powerful branch of government contrary to the design of the Constitution."
HUMAN RIGHTS (ARTICLE XIII)
Section 17.
1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the following powers and functions:
1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.
Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.