TY  - BOOK
AU  - Muchamiel, Lynill Haze L.
TI  - Empowering the ''toothless tiger'': Establishing an active role for the commission on human rights in the prosecution of human rights violations
SN  - [hardbound]
PY  - 2017///
CY  - Cebu City
PB  - University of Cebu
N1  - Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2017; Includes bibliographical references (leaves 72-75); Contents:Chapter I The problem and its scope -- Chapter II Review of related literature -- Chapter III Results and discussion -- Chapter IV Summary of findings, conclusions, and recommendations
N2  - Summary: Human rights are more than legal concepts; they are the essence of man. They are what make a man human; hence, any violation of essential human rights should not be taken lightly and must be duly prosecuted. The state has assumed the role of a guarantor of the full respect of human rights as enshrined by the constitution and as established under international law. The commission on human rights investigates reported human rights violation cases and recommends for their prosecution. Unfortunately, as per commissioner gascon, only I out of 3 referrals made by the commission on human rights results in a prosecution in court. This goes to show that the recommendations and endorsement made by the commission on human rights after investigation do not often end the filing of a criminal case because the same are not acted upon (i.e neither dimiss nor grant) while still in the prosecutor's office or the ombudsman's office, as the case may be. As per Simon V. commission on human rights, the power of the commission on human rights is limited to mere investigation and monitoring. Hence, the commission is constrained to make only recommendations and a different agency must make another determination of the probable cause in filing for criminal cases involving such violations. The intent of the framers of the constitution is to make an active and independent commission on human rights authorized to pursue legal remedies in cases of human rights violations. The purpose of this study is to unveil the role of the commission on human rights (CHR) and the problems encountered in the prosecution of human rights violations. the results will be used as a basis in crafting a law that will give the CHR an active role by vesting them with prosecutorial powers pertaining to human rights violations. The purpose of this study is to unveil the role of the commission of human rights (CHR) and the problems encountered in the prosecution of human rights violations.The results will be used as a basis in crafting a law that will give the CHR an active role by vesting them with prosecutorial powers pertaining to human rights violations. This study primarily employed a qualitative method of study using a combination of doctrinal research method and thematic analysis. The doctrinal  research method is widely used in legal research and embodies the study of legal precedent together with legislative interpretation. This paper will thus recommend for the enactment of a law which will give residual prosecutorial powers to the commission on human rights and ensure that human rights are upheld at all times. This residual prosecutorial powers come into play when the prosecutorial arm of the government does not act (i.e meither dimiss nor grant) the resolution of the commission on human rights within 10 days from receipt
ER  -