TWO top officials on Tuesday, July 25, qualified their support for the abolition of the Commission on Human Rights (CHR), as President Rodrigo R. Duterte had threatened in his second State of the Nation Address (SONA) on Monday.

“[W]hen the time comes, the CHR, its office, you are better abolished. I will not allow my men to go there to be investigated. Remember this. Human Rights Commission, you address your request through me because the Armed Forces is under me and the police is under me. That is why if you question them for investigation, you need to pass through me,” Mr. Duterte had said.

Sought for comment, Defense Secretary Delfin N. Lorenzana initially said in a press briefing: “I do not want to talk about that. It is a constitutional body. It is in the constitution. That will be left, I think, to the next Constitutional Convention if they will decide on that. I cannot talk about that.” Mr. Lorenzana is referring to plans of the government to draft a new Constitution in line with federalism.

But later in the same briefing, Mr. Lorenzana said: “When we took our oath (of) office, the most important part of the oath is to defend and protect the [1987] Constitution of the Philippines. What is the most important part of the Constitution? It is the Bill of Rights. No person shall be deprived of his life, liberty or property without due process. If we will only follow it, I think we no longer need Human Rights (Commission).

For his part, Philippine National Police Chief Dir. Gen. Ronald M. dela Rosa said: “It’s okay with me. No problem. It’s okay with the President, then it’s okay with me. Why? Whether there is CHR or none, if the Police will violate human rights, it will violate human rights. It now lies in the conscience of the Police. Even if there is no CHR, if you are a decent police, you will not do any wrong.

“I am just being practical, with or without CHR, we can do our job properly without violating the human rights of the people, with or without them. We don’t need them to watch over us,” Mr. Dela Rosa also said.

Sought for comment, Jose Luis Martin “Chito” C. Gascon, CHR chairperson, said in a text message: “That is expected as they will of course follow the position that their principal takes — so, no surprises there. The CHR is a constitutional office (and) will continue to perform its mandate as an independent non-partisan institution to protect (and) promote the human rights of all people.”

Messrs. Dela Rosa and Lorenzana have noted that their respective institutions have their check-and-balance mechanisms.

Mr. Gascon said when sought for comment: “We support internal mechanisms within the security forces to check against abuses as should be the case….Nonetheless, let us consider if these are sufficient under the current circumstances. Are abusers (and) perpetrators being held to account? This is why it is also important to have independent mechanisms to check for abuses.”

Mr. Duterte also said on Monday the Office of Ombudsman must seek his permission before it investigates military and police officials charged with any violations.

“Because I have the final say whether they will attend or not….Don’t force me to go against you. If we went against each other, given what is happening to the Philippines, then we have a problem, to be honest. Do not [use] your favorite swan song that you will be investigated by this, by that,” Mr. Duterte said.

Sought for comment, Mr. Lorenzana said: “If this is his decision already, we have to follow it. That is his decision, which is the prerogative of the President to require those under him to ask permission from him to face any investigation. That is his prerogative and we will follow his order.”

For his part, Mr. Dela Rosa said: “If we are in a critical position in the investigation, and then the President will tell us that we should not appear, then that will be our advantage. We will not be grilled in the investigation if he will not let us appear.”

Article XI of the Constitution, on Accountability of Public Officers, mandates the Office of the Ombudsman as an “independent office” to investigate “any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient.”

On the other hand, Article XIII, on Social Justice and Human Rights, defines the “powers and functions” of CHR as an “independent office.”

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