Article 110p. 110

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

director be assigned to a region, or a provincial election

supervisor to a province, or a city municipal election

registrar to a city or municipality, where he and/or his

spouse are related to any candidate within the fourth civil

degree of consanguinity or affinity as the case may be.

TITLE II Other Bodies

SUBTITLE A Commission on Human Rights

SECTION 1. Composition and Qualification . — The

Commission on Human Rights shall be composed of a

Chairman

and

four

(4)

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.

SECTION

2.

Powers

and

Functions .

—

The

Commission on Human Rights shall:

(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 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 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 3. Inhibitions Against Commissioners . —

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

will be affected by the functions of their office, nor shall

they 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.

SECTION 4. Term of Office . — 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.

SECTION 5. Compensation . — 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 6. Annual Appropriations . — The approved

annual appropriations of the Commission on Human

Rights shall be automatically and regularly released.

SUBTITLE B Office of the Ombudsman

SECTION 1. Composition . — (1) The Office of the

Ombudsman shall be headed by the Ombudsman to be

known as the Tanodbayan , who shall be assisted by one

overall Deputy and at least by one Deputy each for Luzon,

Visayas and Mindanao. A separate Deputy for the military

establishment may likewise be appointed.

(2) It shall have such other officials and employees, to

be appointed by the Ombudsman according to the Civil

Service Law.

SECTION 2. Powers and Functions . — The Office of

the Ombudsman shall:

(1) Investigate on its own, or on complaint by any

person,

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;

(2) Direct, upon complaint or at its own instance, any

public official or employee of the Government, or any

subdivision, agency or instrumentality thereof, as well as

of any government-owned or controlled corporation with

original charter, to perform and expedite any act or duty

required by law, or to stop, prevent, and correct any abuse

or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate

action against a public official or employee at fault, and

recommend his removal, suspension, demotion, fine,

censure,

or

prosecution,

and

ensure

compliance

therewith;

(4) Direct the officer concerned, in any appropriate

case, and subject to such limitations as may be provided

by law, to furnish it with copies of documents relating to

contracts

or

transactions

entered

into by his office

involving the disbursement or use of public funds or

properties, and report any irregularity to the Commission

on Audit for appropriate action;

(5) Request any government agency for assistance and

information

necessary

in

the

discharge

of

its

responsibilities, and to examine, if necessary, pertinent

records and documents;

(6) Publicize matters covered by its investigation when

circumstances so warrant and with due prudence;

(7) Determine the causes of inefficiency; red tape,

mismanagement,

fraud,

and

corruption

in

the

Government

and

make

recommendations

for

their

elimination and the observance of high standards of

ethics and efficiency;

(8) Promulgate its rules of procedure and exercise such

other powers or perform such functions or duties as may

be provided by law.

SECTION

3.

Action

and

Complaints .

—

The

Ombudsman and his Deputies, as protectors of the

people, shall act promptly on complaints filed in any form

or manner against public officials or employees of the

Government,

or

any

subdivision,

agency

or

instrumentality thereof, including government-owned or

controlled corporations, and shall, in appropriate cases,

notify the complainants of the action taken and the result

thereof.

SECTION 4. Fiscal Autonomy . — The Office of the

Ombudsman shall enjoy fiscal autonomy. Its approved

annual

appropriations

shall

be

automatically

and

regularly released.

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