Manila 6th district Rep. Bienvenido “Benny” Abante Jr (PPAB)

House Committee on Human Rights chairperson and Manila 6th district Rep. Bienvenido “Benny” Abante Jr.  renewed his call to strengthen the Commission on Human Rights (CHR) by giving the agency additional powers, specifically on prosecution.

This, after Abante reprimanded the Philippine National Police (PNP) for not initiating criminal complaints against police officers who have killed individuals in anti-illegal drug operations undee the Duterte administration’s bloody war on drugs.

“Yan ang problema General Baccay eh, kaya nga ako nag-file ng bill na dagdagan natin ng kapangyarihan ang [CHR] sapagkat sa kanila investigation lang eh, bibigay din sa inyo eh. Pero kung mayrong tinatawag nating prosecutor powers itong [CHR], may kapangyarihan sila,” Abante told PNP Directorate for Investigation and Detective Management (DIDM) Chief General Matthew Baccay.

(That's the problem General Baccay, that's why I filed a bill to increase the power of the CHR because they only do investigations, these will also be given to you. But if the CHR has what we call prosecutor powers, they have  the power.)

During the House Committee on Human Rights hearing on Wednesday, June 26, Baccay said the PNP has filed 6,486 cases against suspects in relation to encounters resulting to the death of one or more victims.

As for cases where no deaths have transpired in anti-drug operations, 80 cases are undergoing arraignment, 27 are under pre-trial, and 589 are on an ongoing trial.

Of these figures, there have been 216 convictions and 115 dismissals.

ACT Teachers Party-list Rep. France Castro was quick to assert that the PNP should have investigated and filed cases against policemen who have killed drug suspects.

She noted that regularity should not be presumed in instances where a suspect was killed.

In response, Baccay says PNP always assumes that all these deaths are merely cases of “coincidences” given that the main intent is to conduct anti-illegal drug operations, not to kill.

With the atmosphere of doubt surrounding the PNP’s handling of cases involving their own members, Abante stressed that the CHR should prosecute the cases itself.

The CHR--established by the 1987 Constitution--is an independent office whose function is to investigate all forms of human rights violations.

This mandate is what Abante wants to strengthen through his House Bill (HB) No. 5079.

Under this bill, the veteran lawmaker noted that because of the agency’s limited powers, it often results to delayed justice to victims. He specifically cited the legal maxim that says, “justice delayed is justice denied”.

“To empower the CHR to file charges as may be warranted by evidence gathered in its investigation in addition to its recommendatory and investigative mandate as provided in the Constitution will, therefore, not only enhance its contribution in safeguarding fundamental rights and freedoms but will give full meaning to the purpose of its creation,” the bill read.

Abante said the investigative power of the CHR should be extended with the power to file cases, criminal and/or administrative, before the Prosecutor's Office or the Office of the Ombudsman.

The congressman has recently filed a separate bill——namely HB No. 9790——which also aims to further strengthen the CHR.