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EXECUTIVE ORDER NO.

163

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:

SECTION 1. The Commission on Human Rights as provided for under Article XIII of the 1987
Constitution is hereby declared to be now in existence.

SECTION 2. (a) The Commission on Human Rights shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines and, at the time of their appointment, at
least thirty five years of age and must not have been candidates for any elective position in the
elections immediately preceding their appointment. However, a majority thereof shall be members of
the Philippine Bar.

(b) The Chairman and the Members of the Commission on Human Rights shall not, during their
tenure, hold any other office or employment. Neither shall they engage in the practice of any
profession or in the active management or control of any business which in any way be affected by
the functions of their office, nor shall be financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.

(c) The Chairman and the Members of the Commission on Human Rights shall be appointed by the
President for a term of seven years without reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor.

(d) The Chairman and the Members of the Commission on Human Rights shall receive the same
salary as the Chairman and Members, respectively, of the Constitutional Commissions, which shall
not be decreased during their term of office.

SECTION 3. The Commission of 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 detentions facilities;

(5) Establish a continuing program of research, education, and information to enhance respect for the
primacy of human rights;

(6) Recommend to the 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 4. The Presidential Committee on Human Rights, created under Executive Order No. 8
dated March 18, 1986, as modified, is hereby abolished. The Commission on Human Rights shall
exercise such functions and powers of the Presidential Committee on Human Rights under Executive
Order No. 8, as modified, which are not inconsistent with the provisions of the 1987 Constitution.

The unexpended appropriations of the Presidential Committee on Human Rights are hereby
transferred to the Commission on Human Rights. All properties, records, equipment, buildings,
facilities and other assets of the Presidential Committee on Human Rights shall be transferred to the
Commission on Human Rights.

The Commission on Human Rights may retain such personnel of the Presidential Committee on
Human Rights as may be necessary in the fulfillment of its powers and functions. Any public officer or
employee separated from service as a result of the abolition of the Presidential Committee on Human
Rights effected under this Executive Order shall receive the benefits to which they may be entitled
under existing laws, rules and regulations.

SECTION 5. The approved annual appropriations of the Commission on Human Rights shall be
automatically and regularly released.

SECTION 6. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this
Executive Order are hereby repealed or modified accordingly.

SECTION 7. This Executive Order shall take effect immediately.


Done in the City of Manila, this 5th day of May, in the year of Our Lord, nineteen hundred and eighty-
seven.

(Sgd.) CORAZON C. AQUINO


President of the Philippines

By the President:

(Sgd.) JOKER P. ARROYO


Executive Secretary

Source: Presidential Management Staff

Office of the President of the Philippines. (1987). [Executive Order Nos. : 1 – 170]. Manila : Presidential
Management Staff.

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