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UP alum says CHR is not legitimate because it lacks enabling law from Congress? Find out why!

SO… HINDI PALA LEGITIMATE ANG CHR???
HINDI PALA ITO CONSTITUTED???
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“The CHR is presently a legal fiction.
It has no legal basis even to call itself a Commission.
It remains as a presidential committee.”

This is the argument of Ben Bañares in response to the Facebook post of Jose Alejandrino, another prolific political commentator on social media, especially in Facebook.

Jose Alejandrino echoed the argument of one of the best columnist writer in the Philippines who described the status of the Commission on Human Rights as in “suspended animation” because of lack of an enabling law to legitimize it. 

You may read Jose Alejandrino’s full post below.

WHAT IS THE LEGAL STATUS OF CHR?
By: Jose Alejandrino
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Yen Makabenta, whom I respect being one of our best columnists, claims the CHR is in “suspended animation” because of lack of an enabling law to legitimize it. Like so many people, I had assumed the CHR had a legal basis. So I went back to the 1987 Constitution which was ratified by plebiscite on Feb.2, 1987.
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Article IX of the 1987 Constitution created three constitutional commissions: the Civil Service Commission, the Commission on Elections, and the Commission on Audit.
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Article XIII Sec.1 states that “Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity…”
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Sec.17 states “There is hereby created an independent office called the Commission on Human Rights. Until this Commission is constituted, the existing Presidential Committee on Human Rights (located in the Office of the President) shall continue to exercise its present functions and powers.”
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What Sec.17 means is that the Commission on Human Rights will have to be constituted. Before that, it continues as a presidential committee in the Office of the President. Now who is given the power to constitute the Commission? Go back to Sec.1 of Article XIII. It is Congress that has to enact the measure. Did Congress enact a measure? No. It did not enact an enabling law to create a Commission. Therefore, there is no Commission on Human Rights but a presidential committee. Can the president create the Commission? No, it’s very clear it is only Congress that can only do it.
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Therefore, Yen Makabenta raised a valid legal point in his column. The CHR is presently a legal fiction. It has no legal basis even to call itself a Commission. It remains as a presidential committee.
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Having no legal basis, Congress must first pass a law to create a Commission before it can appropriate a budget to it. Being a presidential committee under OP, any appropriation for human rights must be made to OP. Congress cannot appropriate a budget to an entity which calls itself CHR because CHR does not exist. It is a legal fiction.
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Being a legal fiction, all appointees who claim to be CHR appointees can be prosecuted as usurpers of public office. Being a presidential committee, appointees to it serve at the pleasure of the president and can be fired by him at any time.
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If Congress appropriates a budget to a non-legal entity its members can be charged with violating the Constitution which they swore to uphold. If the president signs an Appropriations bill into law that contains a budget for a non-existing entity, he, too, will be culpable under the Constitution.
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The previous president Noynoy Aquino can be charged with negligence in approving previous budgets for a non-existent CHR. Ignorance of the law excuseth no one, says the Civil Code.
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This is what happens when nobody follows or is ignorant of the Constitution which is the supreme law of the land.

In light of this development, Ben Bañares demands the resignation of Chito Gascon but made it clear he is not against the CHR and wrote:

Nom, nom… Yummy
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Like we said, it’s best for Gascon to resign. Ganyan naman dapat ang mga appointees, ready na dapat ang courtesy resignation bago pa ma-sworn in ang bagong pangulo – it’s up to him/her to let you go or let you stay. If you don’t voluntarily tender it, ang tawag diyan #NoCourtesy#WalangModo
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Obvious ba?
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******
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AKO NA ITO (BENTOT):
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Again, hindi po ako laban na magkaroon ng CHR.
Naniniwala akong DAPAT meron nito.
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Pero DAPAT din, HINDI ginagamit ito
para sa agenda ng anumang political party.
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Ang diskurso (above) ay tungkol
sa CONSTITUTIONALITY ng CHR
bilang isang commission.
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Dagdag kaalaman lang baga.
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Para nag-iisip tayo
at hindi lang nagpapadala
sa popular sentiment.
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*****
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HINDI PO AKO ABOGADO
at hindi rin expert sa Constitution.
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Kaya nga tinatanong ko
ang mga kaibigang abogado
at mga bihasa sa Saligang Batas
para sa kanilang opinyon.
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*****
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PARA HINDI KAYO MAHIRAPAN,
ito yung parte ng Constitution
tungkol sa Human Rights.
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Madali naman siyang intindihin.  [Link here]

Your reaction?

Credits to Yen Makabenta for the enlightening article.

 

The post UP alum says CHR is not legitimate because it lacks enabling law from Congress? Find out why! appeared first on Pinoy Trending News.


Source: Pinoy Trending News
UP alum says CHR is not legitimate because it lacks enabling law from Congress? Find out why!

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