28
Procedure in Investigating Complaints
a) official documents issued by the agency/local
government unit concerned;
b) endorsement and or referral by oversight
agencies;
c) affidavits and/or reports by concerned
citizens;
d) such other relevant documents
II. Docketing of Cases
submitted to determine whether or not the allegations
thereon relate to violation of women’s human rights
or the human rights of persons with diverse SOGIE
(sec. 6, Rule 4) or to violations/ non- compliance with
the MCW.
The GFP shall then submit the results of the
preliminary evaluation to the Chief Investigator or
the Regional Director within twenty-four (24) hours
from receipt of the Complaint. The recommendations
can cover:
All complaints shall be docketed in accordance
with Rule 6 of the GAP. The services/assistance
rendered by CHR prior to investigation shall be
specified, which shall include, but not limited to:
referral to shelter, medical, psychosocial services,
application for protection order and/or referral/
endorsement to appropriate agency.
1. For immediate deployment of QRT—As the
situation warrants, the GFP shall immediately
endorse to the Chief Investigator or the Regional
Director the dispatch of a Quick Reaction Team
to immediately respond, intervene, and provide
necessary assistance to women, girl children, or
persons with diverse sexual orientation or gender
identity and expression (SOGIE) whose rights
have just been violated, or whose lives, liberty
or property are in grave threat, or in imminent
danger (sec. 2, Rule 13).
For complaints against public or private
institutions, the Complaint shall include the processes
initiated within the institutions to address the
complaint/acts of discrimination.
Whenever necessary, and especially in cases
involving the rescue of women and children,
the QRT team shall coordinate with other dutyholders, non-government organizations, civil
society groups and government organizations ,
giving primary consideration to the immediate
safety and protection of the women, children, and
vulnerable LGBTs. In these cases, investigators
and lawyers who are designated as Regional GFP
shall be deployed. Pursuant to Rule 13 of the
GAP, the QRT Team shall submit a written report
of its initial findings and observations and shall
coordinate, if necessary, with other government
agencies for the provision of necessary support
services.55
III. Preliminary Evaluation
Upon receipt of the Complaint, and on the basis
of the interview with the complainant and/or the
allegations in the Complaint and the documents
submitted in support thereof, the CHR Gender
Focal Persons (GFP) shall conduct the preliminary
evaluation of the case.
The GFP shall determine whether or not the
complaint falls within the region’s area of responsibility,
and if not, whether the same falls within the
exceptions provided such as geographical accessibility
and proximity, safety of surviving victims/ witnesses/
complainants, allegations of bias. If the act complained
of, and the persons/institutions complained of do
not fall within the area of responsibility of the CHR
Regional Offices, the GFP shall nevertheless render
legal aid services such as legal assistance, counselling
or referral or endorsement to the agency concerned.
During the conduct of the preliminary evaluation,
the GFP shall assess the contents of the complaint/
statements of the complainant and documents
2. For Legal Assistance – The GFP, upon
evaluation of the Complaint, may recommend
and render legal aid services or assistance to the
woman, girl-child, or person with diverse sexual
orientation and gender identity and expression
(SOGIE) complainant. The scope of legal
55
Secs. 5-6, Rule 13.
CHR Gender Ombud Guidelines