Philippine Human Rights Commission is neither independent nor legitimate – The Manila Times

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Philippine Human Rights Commission is neither independent nor legitimate

In her book Statecraft , former British prime minister Margaret Thatcher included a chapter on human rights, which she curiously titled “Human Rights and Wrongs.”

The document descends to a catch-all approach, in which numerous, usually worthy aims, are declared rights without recognition that their fulfillment depends upon circumstances and upon the willingness of one group of people to accept burdens on behalf of another. She opposed during her time the International Criminal Court as a delusionary project that would only lead to “injustice.”I brought up Mrs. Thatcher’s conceit of a “human wrong“ because I am totally convinced that the Philippine Commission on Human Rights is such a “wrong“ in our public affairs that acutely needs correction.

The PCHR was never constituted this way. It was smuggled into existence by President Corazon Aquino in 1987 through an executive order, which was rushed for her signature on the eve of the convening of the new Congress on June 30, 1987.In his book, The Living Constitution , Fr. Joaquin Bernas, S.J, the constitutional expert and Charter framer, destroyed completely the idea of an office or agency in our government system that is independent or of an office created by executive order.

“The bill’s title is Independent National Anti-Corruption Act. The bill purports to create an independent anti-corruption commission. “What precisely is the power of control of which the Constitution speaks? The awesome power of control has been defined as ‘the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter.’

 

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