manner of his liberty may file before any Regional Trial Court or the Court of Appeals or directly with the provisions of RA 7160 requiring amicable settlement and arbitration. Supreme Court, a petition for the issuance of a writ of habeas corpus to obtain his temporary release, 3. National Institution for the Prometion and Protection of Human Rights: 35. An individual whose human rights were deemed violated may seek immediate assistance from the various government agencies concerned, such as but not limited to the following: PCHR; PNP; Department The Commission on Human Rights 39. The Philippines Commission on Human Rights (PCHR) has established protective legal measures of Social Welfare and Development (DSWD),National to safeguard the rights of Filipinos according Bureau of Investigation; Public Attorney's Office; Prosecutor's Office; Bureau of Immigration and Deportation, Office of the Solicitor General; Office of principles guaranteed by the Philippine Constitution the Ombudsman or Tanodbayan; Presidential Anti- Crime Commission; Bureau of Jail Management and Penology for prisoners and other similar agencies. 36, The Revised Penal Code is considered as a public law which concerns public interest, except for those private crimes such as adultery and concubinage in which the intervention of the private offended party is necessary. For other violations punishable under the Revised Pena! Code, the action is filed in the name of the People of the Philippines. The offended party files a complaint before the prosecutor, or in places where there are no such office before the municipal trial court of the place where the offense was committed, which would then conduct a preliminary investigation or examination to determine whether there is reasonable cause to believe that the crime punishable under the Code has probably been committed. The finding of the prosecutor or the judge is forwarded to the Provincial Public Prosecutor’s Office which then files the corresponding information to the regular courts which, in turn, would determine the culpability of the offender and impose the necessary penalty. 37. The Civil Code of the Philippines regulates the private relations of the members of civil society, determining their respective rights and obligations with reference to persons, things and civil acts. Under its provisions, every person must in the exercise of his rights and in the performance of his duties act with justice, give everyone his due and observe 38. The Civil Code also protects human rights when it imposes liability for damages on any public officer or employee, or any private individual who directly defeats and international treaty obligations. It deals directly with any particular type of human rights violation, primarily those or violates or in any manner impedes or impairs the rights or liberties of another person enumerated in article 32 of the Civil Code. In case of violations punishable under the Civil Code, the offended party files his/her complaint 40. Representation 66 covered with the Department in of Justice of cases of detainees. As a result, DOJ closely monitors prosecutors who handle these cases to ensure that investigations are completed within the required 60day period. The Supreme Court, in a parallel move, has likewise urged judges to speed up the resolution of cases through the continuous trial system. 41. A Witness Protection Programme was instituted to give witnesses the necessary courage and confidence to serve the ends of justice. It involves securing the lives of the witnesses victims and their immediate family members and protecting them from any form of harassment or threat. 42. The DOJ is one of the executive departments that plays a vital role in the enforcement an promotion of human rights through its various bureaus, offices and committees at the national and subnational levels. 43. The Office of the Ombudsman is another independent office dealing with human rights enforcement. The main function of this Office is to prevent abuse of power by government officials which adversely affects private rights. The prosecution arm of the Department of Justice works closely with the Office of the Ombudsman and the Office of the Special Prosecutor, 44, The Ombudsman Ombudsman cases rights. is also undertaken by the Commission. This is to give preferential attention to the hearing and termination the those political (DO)), which is in charge of the prosecution of offenses, strengthened except civil and assistance of other agencies of the Government the fulfillment of its mandate. before the regular court which has jurisdiction over matter, involving Specifically, the Commission handles complaints of execution, disappearances, arrest and detention and torture, in addition to other human rights violations related to armed conflict. It may also request the honesty and good faith. or indirectly obstructs, to the by care ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK the the Act powers of of 1989 the (RA Office 6770) of the making it a more potent administrative