Monday 25 November 2013

The Commission on Human Rights At Work


The Commission on Human Rights At Work
             
          Andre, 11 years old, was dropped from the varsity team on account of a late registration marked on his birth certificate. Coach was citing a new tournament rule which disqualifies a player outright if his birth certificate has a late registration stamped on it. But what puzzled Andre's father, Allen, was the fact that another boy with a similar birth certificate, also registered late, was not being disqualified by the coach and was made part of the team.  Said rule was an arbitrary and controversial rule touching on legal grounds. Allen even presented Andre's original certificate of live birth, hospital documents showing when and where mother and son were confined, hospital bills, baptismal certificate, SSS records, etc. but to no avail. Allen's recourse was to file a complaint with the Commission on Human Rights.

          The Commission on Human Rights (CHR) is a constitutional body mandated to ensure that human rights of all Filipinos here and abroad are safeguarded.  It is tasked to make further studies and make recommendations to Congress.  The CHR has investigative powers and is also empowered to ask assistance from other government agencies in the fulfillment of its mandate.

         The CHR's main office is located at Commonwealth Avenue in Quezon City and is part of the vast UP-Diliman complex. Based on personal impressions, it is manned by efficient, courteous and accommodating employees.  Its investigation division is at the ground floor. When Binibining Pilipinas Universe Venus Raj was stripped of her title because of questions about her citizenship and birth certificate, the CHR came to her rescue and, ultimately, she regained her title.

          Months passed by and Allen was asked by the CHR to present his 2nd affidavit. This was a reply to the counter-affidavit filed by the coach. He complied.  And he was asked to report again a few days after. He had a consultation with his private lawyer, who after evaluating the counter affidavit of the other side, came up with the initial assessment that there were sufficient grounds to elevate the case to a higher court and the case would be criminal in nature.  But the lawyer gave him enough time to think about it, the implications and the consequences as well.

         Allen thought about it long and hard that night. He was giving weight to the aftermath, to its effects on other people, groups or organizations. And most importantly, its effects on the boy Andre. The following morning, he was at the CHR.  The lady investigator had just finished with the subpoena to be served to the coach, which was supposed to be the second subpoena for him. Allen presented a letter to the lady investigator.  She was taken aback after reading. Here is the content of that letter:


Nov 19, 2013

Atty. Gilbert D. Boiser
Director, National Capital Region
Commission on Human Rights

Through:  Atty. Carmelita Rosete
                 Chief, Investigation Division
                                           
                 Ms. Marlene Espiritu
                 Investigator

Dear Atty. Boiser,

We would like to thank the Commission on Human Rights for the invaluable assistance extended to us and to our son Don Andre.  This is something we will always remember.

In the best interest of everyone concerned, we have deemed it wise to set aside our case.  It is time to "let go".  It is time to move on.

And as Tiny Tim said in the story A Christmas Carol: "God bless us, everyone!"

Merry Christmas.

Very truly yours,

Mr. & Mrs. Allen Gener (sgd)

                  
Cc: MS, Atty.Jimenez, Atty. Viben, Atty. Rosete-CHR, DWAD-NPC, file
         

         Lately, Allen has found time again to walk casually along the riverbanks, watching a bunch of cranes hover around an unmanned wooden banca, patting beautiful dogs he sees along the way and stopping to appreciate the colorful flowers that bloom at this time of the year. And the boy Andre?  Though he missed the prestigious tournament, he is now a member of the school team that is currently playing in the PRADA and MSSA tourneys. Hope it stays that way.

Konted

The Commission on Human Rights is located along Commonwealth Avenue.


The Constitutional Commission is housed at the SAAC Building which is actually part of UP Diliman.


Main driveway


Photo taken from the Commonwealth side of CHR.


The Main Building


The Goal, Vision and Mission of CHR as seen when one enters the main building.


The way to the Investigation Division at the ground floor.


Strictly enforced


Investigator handling the case


Allen and Andre shown here with Milo Best President Nick Jorge. When Mr. Jorge was Coach of the San Miguel Beermen, Allen's grandfather was team manager & team doctor of the Utex Wranglers in the MICAA and early PBA days.


A friendly chat with the amiable sportsman Nick Jorge. Allen idolizes Mr. Jorge who was his mentor in his Milo Best days.


Andre shown here attending another basketball summer camp.


Young basketball enthusiasts


Andre religiously and eagerly attending basketball practices.


Part of the rigorous training


Andre tags along whenever his father Allen plays at the Moro Lorenzo Gym.


Whenever the controversy is being discussed, Andre breaks away from the group and keeps quiet.  He is shown, above, all by his lonesome.


Allen and Andre with their Uncle Johnny who used to be a player and coach.  He tells Andre:  "You are too young to be involved in a controversy.  Just remember that there is nothing wrong with you. You are just as fine as the other kids."

Allen's legal adviser is Atty I. Jimenez (right) who is a younger brother of an incumbent Cabinet Secretary. He tells Allen: "Think also of the consequences.  It's your call." Another legal adviser is Atty Viben.


Allen is special guest at CBS-DWAD where cases of human rights/ child's rights violations are being tackled.


News reporter and human rights advocate Pasky Natividad cites the United Nations Convention on the Rights of a Child.  Listening and waiting for his turn is radio broadcaster Henry Samaniego.


Moderator Dan "Equalizer" Zulueta, Jr. stresses a point during the deliberation.


With the case set aside, Allen and Andre have more time camping in the mountains of Sierra Madre.
The morning sun has risen and the rooster has crowed, yet Andre is still fast asleep.