30
Procedure in Investigating Complaints
recommend the conduct of public inquiry or dialogue
by the Commission en Banc, its members, or by the
Regional Office. The Commission en banc shall have
the discretion to determine whether the public inquiry
or dialogue shall be conducted by the Commission as
a collegial body, or to delegate it to any of its members
or to the CHR Regional Office58.
In determining whether the case is proper for
public inquiry or dialogue, the following shall be
taken into consideration: (a) the nature of the case
and the confidentiality limitations ; (b) the gravity
of the human rights violation/ discriminatory acts
and practices complained of; and (c) transcendental
and complex issues affecting human rights of women
and persons of diverse sexual orientation and gender
identity.
Gathering of relevant documents: In the conduct
of its investigation, the Commission may order the
production of records, documents, books and/or
reports relevant to the case. In case of complaints
against institutions, a subpoena duces tecum may be
issued to concerned agencies and/or institutions.
Investigation Reports: The GFP/Investigator
assigned to the case shall prepare the investigation
reports. This shall include QRT Report, when one
is conducted, initial investigation report, which
shall set out preliminary facts gathered during
initial investigation; and progress reports, which
shall include facts and relevant documents gathered
throughout the investigation. The progress reports
shall also provide the legal assistance rendered the
woman, girl children, or persons with diverse sexual
orientation or gender identity, and expression, the
updates thereon such as: the issuance of protection
orders, provision of medical or psychosocial services,
admission to government or NGO shelter, filing of
relevant pleadings or referral/endorsement to other
agencies. In cases where a dialogue or a public inquiry
is conducted, a Post-Dialogue/Post-Inquiry Report
shall be prepared and shall form part of the records
of the case. Taken together, these investigation reports
shall inform the final investigation report.
VI. Final Investigation Report
The GFP or investigator of the case shall prepare
the Final Investigation Report in accordance with Sec.
15, Rule 4 of the GAP. The same shall be completed
within ten (10) days from the termination of the
investigation proper.
The contents of the final investigation report shall
be the following:
a) The authority or legal basis of the CHR to
conduct the investigation;
b) The profile of the victim, which shall include
his/her full name, sex, gender, age, status,
address, affiliation, work or profession,
religion, nationality, tribe or ethnic origin,
educational background.
c) The profile of the respondents which shall
include his/her full name, sex, gender, age,
status, nationality, work or profession, religion,
branch of service in government, and/or the
organization or group or affiliation;
In cases of complaints filed by individuals against
a government department, agency, or instrumentality
of government, government owned or controlled
corporation, or local government unit, the persons
directly responsible for the alleged violations, their
specific position/s, the head of the office/division
involved, and the head of the agency or local chief
executive shall be named and identified (sec. 41,
MCW);
In complaints against Private Entities, the person
directly involved in the violation, his/her position/
designation in the Company shall be specified;
d) The material allegations in the complaint,
answer, comment, and in the counteraffidavits, as the case may be;
In citing the material allegations of the complaint,
the GFP/Investigator shall endeavor to include, as
may be available, the specific acts, series of acts,
policies or practices alleged to be discriminatory and
violative of women’s human rights under the Magna
58 Sec. 1, Rule 7, GAP
CHR Gender Ombud Guidelines