Procedure in Investigating Complaints
assistance shall depend on specific circumstances,
giving foremost regard to the safety and wellbeing of the complainant. As set forth under
Chapter IX of these Guidelines, the legal aid and
support services that may be recommended and
rendered are as follows: (a) referral/endorsement
to appropriate agency; (b) referral for support
services: shelter, medical, psychosocial, etc; (c)
assistance in the application for protection orders;
(d) assistance in the preparation and filing of
pleadings in accordance with the guidelines
set forth under Chapter VI. Despite on-going
investigation, the CHR may render legal aid and
services.
3. For Investigation - A case shall be investigated
by the Commission if upon the evaluation by the
GFP of the complaint and supporting documents
submitted, women’s human rights provided in
the Magna Carta of Women or special laws were
violated.
Cases of discrimination against persons with
diverse SOGIE shall likewise be investigated either
under the CHR mandate under MCW and/or under
the different treaties to which the Philippines is a
signatory.
IV. Calling the Parties for Conciliation/ Mediation
As an alternative means of settling disputes, the
GFP handling the case shall determine whether the
case can be considered for conciliation or mediation
proceedings (sec. 1, Rule 12, GAP). Conciliation shall
not be resorted to in cases that involve serious human
rights violations, such as rape and other forms of
violence against women. Cases under the Anti-VAWC
law (RA 9262), except with respect to the sole issue
of ‘support,’ cannot be subject to conciliation and
mediation.
Other forms of discrimination under the MCW,
and when the parties so agree, may be subject to
conciliation and mediation as provided under Rule
12 of the GAP. Notice of the scheduled conciliation/
mediation shall be sent three (3) days prior to the
scheduled mediation/conciliation. Should parties
come to an agreement, the same shall be reduced in
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writing, the case closed, and the proceedings kept
confidential.
In cases involving non-compliance with the
provisions under Institutional Mechanisms, or in
cases where discriminatory policies and/or practices
are alleged as against agencies, local government
units or private entities, the Commission, through
its Regional or Central Office, may opt to call for a
dialogue involving all stakeholders or conduct a
public inquiry.
V. Investigation
The Commission shall commence the investigation
of the case not later than fifteen (15) days from receipt
of the Complaint56.
In cases not proper for conciliation and
mediation, or in case where the parties failed to reach
an agreement during the conciliation/mediation, the
investigation of the case shall proceed.
Notice: The respondent or any person implicated
in the complaint shall be notified by way of notice,
letter invitation, order, or subpoena (Sec. 11, Rule 4,
GAP) requiring the respondent to submit an answer,
comment, or counter-affidavit within ten (10) days
from receipt of the subpoena and copy of the complaint.
However, in human rights cases or issues that are of
immediate and/or national, regional, international
concerns, the parties shall be given at least three (3)
days to appear and submit their counter-affidavits57.
In cases alleging non-compliance with MCW
provisions , the notice, together with the complaint or
the basis of the Commission’s investigation (e.g. PCW
referrals, NGA referrals), shall be transmitted to the
agency or private institution involved, with a directive
for the filing of their answer, comment, or counteraffidavit within ten (10) days.
Recommendation for a Public Inquiry/Dialogue:
The GFPs handling women, girl children or cases of
persons with diverse sexual orientation and gender
identity and expression (SOGIE), may, pursuant
to Rule 7 of the GAP, and in aid of investigation,
56 Section 10, Rule 4, GAP
57Section 13, Rule 4 GAP
CHR Gender Ombud Guidelines