Procedure in Investigating Complaints
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CHAPTER VI:
Procedure in Investigating Complaints
A
s a rule, the regular investigation process
involving human rights violations
shall also apply to the investigation
and monitoring of women and SOGIE cases. The
Protocols, as provided in Chapter VI shall, however be
ensured and followed. When circumstances warrant,
CHR may choose to render immediate legal assistance
and/or refer cases to Courts and appropriate agencies
as provided in Chapter 9, without prejudice to its own
investigation.
I.
Filing of Complaints
Under the Guidelines and Procedures of CHR, any
concerned individual or group may file a complaint
for human rights violations, particularly the victim,
relatives, non-government organization, or any
government or private entity. Anonymous complaints
or reports received from other sources shall be subject
to initial evaluation and verification. If upon initial
verification or on the basis of the information or details
provided, the complaint appears to be meritorious
or has some factual basis, the CHR shall proceed to
investigate the matter.
With respect to complaints filed by women, as
much as possible, the informed consent of the woman
concerned shall be obtained and confidentiality, where
appropriate and requested, shall be respected. In
accordance with the Protocols, sensitive handling of
women and complainants from persons with diverse
SOGIE shall be observed. Accessibility and reasonable
accommodation shall be ensured all throughout the
process.
The Complainant, with the assistance of the CHR
Gender Focal Persons (GFP) in the region, shall fill out
CHR Form 9 (Complaint sheet) in accordance with
Rule 4, Section 3. The GFP shall additionally provide
assistance to women from marginalized sectors.
In addition to the necessary/mandatory
information required under Form 9, the Complaint,
depending on its nature, shall also set out the following:
a) The acts which constitute the violation of laws
on women and/or the acts of discrimination or
discriminatory practices under the MCW;
b) The actions undertaken by the Complainant
and or her representatives with to respect
the violation/acts of discrimination before
the agency/private institution concerned, the
Quasi-Judicial Body or the Courts;
c) The status of/ results of actions undertaken, if
any;
In accordance with Section 5 of the GAP,
complaints may be filed directly with the Commission
En Banc or filed with its Regional Offices responsible
for the area where the violation occurred or continue
to occur.
Complaints Pertaining to Institutional Mechanisms:
In complaints pertaining to non-compliance
of agencies or local government units with the
Institutional Mechanisms provided under Chapter VI
of the MCW, the investigation may be undertaken by
the Commission (a) motu propio; (b) upon referral/
endorsement from the PCW, the Commission on
Audit (COA), the Commission on Higher Education
(CHED), the Department of Interior and Local
Government (DILG), and other National Government
Agencies, or (c) upon the complaint of concerned
citizens and or organization/agencies. The complaint
shall be supported by the following documents as may
be available:
CHR Gender Ombud Guidelines