Procedure in Investigating Complaints
Carta of Women and/or human rights treaties to
which the Philippines is a signatory to. The same shall
also cite the relevant processes/remedies accessed by
the Complainant prior to or concurrent with the CHR
Complaint;
In citing material allegations of the counteraffidavits of respondents, the GFP/Investigator shall
cite the defenses raised with respect to the alleged
acts of discrimination; In citing counter-affidavits of
heads of agencies and Local Chief Executives/Private
Institutions, focus shall be directed on defenses
alleging remedies provided at the agency level.
e) The names and other personal circumstances
of the witnesses;
f) Summary of the evidence submitted by the
complainant, respondents and those gathered
by the investigators;
g) All other relevant data or information gathered;
h) The particular provisions of international
human rights instruments violated or
applicable to the case, as well as the pertinent
domestic laws;
i) Investigation and observations;
j) Recommendations;
k) All other relevant information as may be
necessary.
VII.
Resolution
The Final Investigation Report, once completed,
shall be transmitted to the Legal Division for the
drafting and preparation of the Resolution. In
accordance with section 17, Rule 4 of the GAP, the
Resolution shall be drafted by the GFP/lawyer as
designated by the Chief Legal and shall be completed
within fifteen (15) working days from the submission
of the Final Investigation Report. The CHR Regional
Director shall review and approve the resolution
within five (5) days from receipt.
The Resolution shall contain the facts of the case,
the evidence submitted by the parties and/or gathered
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by the CHR in the course of the investigation process.
It shall state the primary issue or issues involved,
whether or not there exist/s substantial evidence of
human rights violation committed or the omission/s
which led to the violation of the human rights of a
person or group or community of persons, and the
pertinent provisions of the international human rights
law, as well as domestic legislation and jurisprudence
applicable to the case (Sec. 17, Rule 4, GAP).
As applied to complaints of women, girl children
and persons with diverse sexual orientation and
gender identity, the resolution shall clearly set forth
whether or not the acts complained of constitutes
discrimination. It shall discuss the evidence gathered
in support of the finding of discrimination which shall
include any or all of the following: (1) statements of
the complainant and witnesses on the acts, series of
acts, or omissions which constitute discrimination;
(2) documentary evidence in support of allegations
as to discriminatory acts or omissions, practices or
policies; (3) evidence in support of disparate impact
or treatment constitutive of discrimination and
reflected in acts, omission or condition resulting to
discrimination; (4) failure or inaction of the agency,
government instrumentality, Local Government Unit
or Company to address complaints of submitted
before it for resolution.
In cases involving non-compliance with MCW
provisions, the Resolution shall include the acts that
constitute non-compliance as alleged in the complaint
and/or referrals from PCW and other NGAs, the
agency/private institution’s answer/counter-affidavit
with respect the allegations and the findings during
the conduct of the investigation.
Dispositive Portion
In accordance with Section 40 of the MCW,
the dispositive portion of the Resolution shall
recommend the sanctions under administrative law,
civil service, or other appropriate laws to the Civil
Service Commission and/or Department of Interior
and Local Government.
When applicable, the filing of appropriate criminal
and/or civil cases shall be recommended. If, however,
CHR Gender Ombud Guidelines