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University of Negros Occidental- Recoletos 1

School of Law

HUMAN RIGHTS

What are Human Rights?

Human rights are rights inherent to all human beings,


whatever our nationality, place of residence, sex, national or
ethnic origin, colour, religion, language, or any other status.
We are all equally entitled to our human rights without
discrimination. These rights are all interrelated,
interdependent and indivisible.

Universal human rights are often expressed and guaranteed


by law, in the forms of treaties, customary international law ,
general principles and other sources of international law.
International human rights law lays down obligations of
Governments to act in certain ways or to refrain from certain
acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.

Human Rights in the Philippines

Human rights in the Philippines pertains to the concept,


practice, and issues of human rights within the Philippine
archipelago. The concept of "human rights," in the context of
the Philippines, pertains mainly (but is not limited) to the civil
and political rights of a person living in the Philippines by
reason of the 1987 Philippines Constitution. Human rights are
a justified set of claims that set moral standards to members
of the human race, not exclusive to a specific community or
citizenship.

Membership in the human race is the sole qualification to


obtain these rights. Human rights, unlike area-specific
conventions of international laws (e.g. European Convention
on Human Rights and International Covenant on Civil and
Political Rights and on Economic, Social and Cultural Rights),
are universally justifiable as it pertains to the entire human
race, regardless of geographical location.
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School of Law

Philippines Conventions and Resolutions signed by the


government

The Philippines is a signatory to the Universal Declaration of


Human Rights (UDHR) drafted by the United Nations (UN) in
the 1948. The Universal Declaration of Human Rights was
adopted, alongside the Genocide Convention and
the Convention on the Elimination of All Forms of Racial
Discrimination, by the United Nations in response to the tragic
and horrendous violations of human rights during the Second
World War. The United Nations Charter, a treaty, was created
in order to define what roles, powers, and duties the United
Nations is allowed to practice in dealing with international
relations.

Article I of the UN Charter states that the UN aims:

"To achieve international co-operation in solving international


problems of an economic, social, cultural, or humanitarian
character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion;"

According to the Charter, the jurisdiction of the United Nations


is to provide cooperation among the nations, and not act as
an international government. The UN Charter paved the way
for the drafting of the UDHR. The UDHR aims to promote
"universal respect for, and the observance of, human rights."
Thus, the UDHR is merely a declaration for each signatory to
adopt to its own political system. The significance of the
UDHR as stated in its Preamble is:

"Whereas a common understanding of these rights and


freedoms is of the greatest importance for the full realization
of this pledge."
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School of Law

As a signatory to the UDHR, the Philippines then declares an


understanding and adherence of these fundamental and
inalienable rights to its population. The Philippines has
adhered to the UDHR through the Bill of Rights, and
continued to create laws and policies that cater to a specific
sector, like the Labor Code and the Indigenous Peoples'
Rights.

Commission on Human Rights

The Commission on Human Rights (CHR) is an independent


National Human Rights Institution (NHRI) created under the
1987 Philippine Constitution, established on 05 May 1987 by
virtue of Executive Order No. 163.

The Commission is mandated to conduct investigations on


human rights violations against marginalized and vulnerable
sectors of the society, involving civil and political rights. CHR
is an accredited NHRI, fully complying with the Paris
Principles adopted by the United Nations General Assembly in
1995. As an NHRI, the Commission upholds six fundamental
characteristics: independence, pluralism, broad mandate,
transparency, accessibility, and operational efficiency.

The Commission commits to deliver prompt, responsive,


accessible, and excellent public service for the protection and
promotion of human rights in accordance with universal
human rights principles and standards.
University of Negros Occidental- Recoletos 4
School of Law

CIVIL RIGHTS

Personal rights acquired by an individual by being a citizen or


resident, or automatic entitlements to certain freedoms
conferred by law or custom. Certain civil rights (such as the
right to equality, freedom, good governance, justice, and due
process of law) are inalienable like human rights and natural
rights, whereas others (such as the right to hold a public
office) depend on one's conduct and can be lost. Also called
civil liberties.

Civil Rights- Civil liberty means freedom from arbitrary


interference in one's pursuit as constitutionally guaranteed.

A. Right to Self Determination


B. Right to life, liberty and security
C. Right to equality of law
D. Right to privacy
E. Right to nationality
F. Right of the arrested and detainee persons
G. Right to own property
H. Right to marry and found family
I. Right to freedom of thought, conscience and religion
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School of Law

APPLICATION IN THE PHILIPPINE SETTING

A. Right to self determination

A PEOPLES right to preserve their own cultural identity and


control the course of their political life is known in modern
international law as the right of self-determination. It is closely
associated with a claim to a territory in which they can
observe their customs and practices and govern themselves,
a land alluded to, with emotional overtones, as the ancestral
domain or homeland.

The recognition of the right of self-determination of all


peoples is one of the major factors that promote friendly
relations among nations. To promote the observance of said
right, the General Assembly of the UN adopted a Resolution
granting independence to colonial countries and peoples and
proclaiming the necessity of ending colonialism in all its
forms. The Subjection of peoples to alien subjugation,
domination and exploitation denies the people their
fundamental human rights.
University of Negros Occidental- Recoletos 6
School of Law

RELATED LAWS

The state shall pursue an independent foreign policy. In its


relations with other states the paramount consideration shall
be the national sovereignty, territorial integrity, national;
interest and the right to self-determination. (Art. II, sec. 7,
1987 Phil. Constitution)

The International Covenant of Civil and Political Rights starts


with the right of all peoples of self-determination. the right of
self-determination includes the right to freely determine their
political status and to pursue their economic, social and
cultural development (Article 1, Section 1, International
Covenant of Civil and Political Rights )
University of Negros Occidental- Recoletos 7
School of Law

CURRENT EVENTS

Chinese Nine-Dash Line

The Philippines Right to Self-Determination and the


South China Sea Question

ONE WAY to frame the Philippine claim in regard to


areas in the South China Sea is from the right to self -
determination for its own people as to the use of natural
resources that are rightfully theirs. As held in the East
Timor case, such right is peremptory and invokes erga omnes
omnium (universal) obligations. This is from the point of view
of state responsibility reinforcing erga omnes partes (treaty)
obligations.

Thus, under the law on state responsibility, states not


party to the dispute in question have an obligation to respect
the territorial integrity and sovereign rights of the Philippines;
they are legally bound to refuse to recognize the Chinese
Nine-Dash Line as lawful, and to refrain from recognizing or
entering into any agreements with China for the unlawful
exploitation of natural resources in the Philippine EEZ and the
Continental Shelf.
University of Negros Occidental- Recoletos 8
School of Law

There is also the positive duty on the part of all states to


cooperate to put a stop to such unlawful acts. Even non -
parties to the UNCLOS are bound by such an obligation, it
being (jus cogens) peremptory in nature.

The Philippines entitlement to the fruits of such a right


has already been confirmed and upheld by the landmark
judgment of the Permanent Court of Arbitration in the South
China Sea Arbitration case.

Lawyer Joel Butuyan, in his Philippine Daily


Inquirer column and Justice Antonio Carpio in his public
statements have already pointed to the possibility of suing
third parties conniving with China in exploiting resources
within Philippine EEZ and the Continental shelf within the
UNCLOS regime.

The law on state responsibility solidifies the Philippine


claim against such a situation through the legal effects of the
right to self-determination. This is general international law
complementary to the Law of the Sea regime.

QUOTES FROM FAMOUS LEADERS

"National aspirations must be respected; people may now be


dominated and governed only by their own consent. Self
determination is not a mere phrase; it is an imperative
principle of action. . . . "
US Pres. Woodrow Wilson in his famous self-
determination speech on 11 February 1918 [14] after he
announced his Fourteen Points on 8 January 1918.
University of Negros Occidental- Recoletos 9
School of Law

B. Right to life, Liberty and Security

The right to life, liberty and security of person is made


up of three distinct but strongly interconnected elements.

The right to life is the supreme right of human beings.

The most basic human rights which other rights flow is


the right to life. Without it all other rights are without meaning.
The term life has been interpreted widely by courts
internationally to include the right to livelihood, health,
education, environment and dignity.
-The State has a duty to protect human life against
unwarranted actions by public authorities as well as by private
persons.

The right to liberty protects the physical liberty of the


person through a cluster of interrelated rights, including: the
right not to be deprived of liberty except on such grounds and
in accordance with such procedures as are established by law
the right not to be arbitrarily arrested, detained or exiled
the right to be secure from unreasonable search and seizure,
including of the person

-the right to be free from torture and cruel, inhumane and


degrading treatment. The right to liberty may be invoked in
respect of all deprivations of liberty, whether arising in
relation to the application of criminal law or by reason of
mental illness, vagrancy, drug addiction or immigration
control.

The right to security is closely associated with the right


to liberty. The right to security includes national and individual
security. National security is how the State protects the
physical integrity of its citizens from external threats, such a s
invasion, terrorism, and biosecurity risks to human health.
Individual security is how the State protects the physical
integrity of its citizens from abuse by official authorities and
other citizens.
University of Negros Occidental- Recoletos 10
School of Law

RELATED LAWS

Universal Declaration of Human Rights sates:

Everyone has the right to life, liberty and Security of persons

The covenant on civil and political rights states:

Article 6

Every human being has the inherent right to life. this right
shall be protected by law. No one should be arbitrarily deprive
from this right

Article 8

No one shall be held in slavery; slavery and the slave -trade


in all their forms shall be prohibited.

No one shall be held in servitude


University of Negros Occidental- Recoletos 11
School of Law

1987 Philippine Constitution states that:

Article 3, Section 1:No person shall be deprived of life,


liberty or property without due process of law nor shall any
person be denied the equal protection of the laws.

Art. 256 and 257 of the Revised Penal Code penalizing


abortion, whether intentional or unintentional.

Prohibition of slavery under Art. 1, Sec.18 (2) which


provides: No involuntary servitude in any form shall exist
except asa punishment for a crime whereof the party shall
have been duly convicted. The revised Penal Code penalizes
human trafficking/white slavery under Art. 272 thereof. No
torture, force, violence, threat, intimidation or any other
means which vitiate the free will shall be used against him.

Secret detention places, solitary, incommunicado, or


other similar forms of detention are prohibited.(Art. III, Sec
12(2)Art. 124 and 125 of RPC penalizes Arbitrary Detention.
Right to liberty of Abode and right to travel (Bill of Rights)

ABORTION

Abortion whether intentional or intentional expulsion of


the fetus from the womans womb before the term of its
viability is another of the right to life.

Article II, Sec. 12 of the Constitution reads:

The State recognizes the sanctity of family life and shall


protect and strengthen the family as a basic autonomous
social institution. It shall equally protect the life of the mother
and the life of the mother and the life of the unborn from
conception.
University of Negros Occidental- Recoletos 12
School of Law

PROBIHITION OF SLAVERY AND INVOLUNTARY


SERVITUDE.

The concept of slavery has been expanded to cover the


practices of sale of children, child labor, debt bondage, traffic
of persons, exploitation or the prostitution of others.

INVOLUNTARY SERVITUDE- FORCED LABOR

No involuntary servitude in any form shall exist except


as a punishment for a crime whereof the party shall have
been duly convicted.

CASE

Pretty vs. United Kingdom

A woman suffering from an incurable degenerative


disease wanted to control when and how she died. To avoid
an undignified death, she wanted her husband to help her
take her life. She sought assurance that he would not be
prosecuted, but the European Court of Human Rights found
that the right to life does not create a right to choose death
rather than life. It meant there was no right to die at the hands
of a third person or with the assistance of a public authority.
University of Negros Occidental- Recoletos 13
School of Law

CURRENT EVENTS

Jul 01 2017
'NANLABAN': Drug war triggers human rights cases

Police Inspect the body of two men, who are alleged victims
of anti-drug vigilantes, on a street in Pasay City.

Police stand near the lifeless body of John Estrella,18, who


was found dead near the Manila Central Post Office. Police
said the victim resisted arrest, and that drug paraphernalia
were found in his clothes.
University of Negros Occidental- Recoletos 14
School of Law

C. Right to Equality of Law

RELATED LAWS

No person shall be denied the equal protection of the


Laws.(Art. III, Sec.1)

Equal Protection of the Law further means that all persons or


things, similarly situated must be treated alike both as to the
rights conferred and the liabilities imposed(Association of
small land owners vs. Secretary of Agrarian reform, 175 SCRA
343 (1989).

Universal Declaration on Human Rights :

Article 6: Everyone has the right to recognition everywhere


as a person before the law
Article 7: All are equal before the law and are entitled without
any discrimination to equal protection of the law. All are
entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to
such discrimination.
University of Negros Occidental- Recoletos 15
School of Law

Equality before the law, also known as: equality under the law,
equality in the eyes of the law, or legal equality

is the principle that establishes that each independent human being


must be treated equally by the law (principle of isonomy) and which all
people are subject to the same laws of justice (due process) therefore,
the law must guarantee that no individual or group of individuals
should be privileged or discriminated by the government. Law also
raises important and complex issues concerning equality, fairness, and
justice.There is an old saying that 'All are equal before the law.' The
author Anatole France said in 1894, "In its majestic equality, the law
forbids rich and poor alike to sleep under bridges, beg in the streets,
and steal loaves of bread." The belief in equality before the law is
called legal egalitarianism. The principle of equality before the law is
incompatible and ceases to exist with legal systems such as slavery,
servitude, colonialism, monarchy, theocracy, quotaism or any kind of
affirmative action.
Article 7 of the Universal Declaration of Human Rights (UDHR)
states that "All are equal before the law and are entitled without any
discrimination to equal protection of the law."
Thus, everyone must be treated equally under the law regardless of
race, gender, national origin, color, ethnicity, religion, disability, or
other characteristics, without privilege, discrimination, or bias.

The 431 BCE funeral oration of Pericles, recorded in


Thucydides's History of the Peloponnesian War , includes a
passage praising the equality among the free male citizens of
the Athenian democracy:

If we look to the laws, they afford equal justice to


all in their private differences; if to social standing,
advancement in public life falls to reputation for
capacity, class considerations not being allowed to
interfere with merit; nor again does poverty bar the
way.
University of Negros Occidental- Recoletos 16
School of Law

CASE

El Banco Espaol-Filipino vs Vicente Palanca


31 Phil. 921, 934 (1918)

Facts:

Engracio Palanca was indebted to El Banco and he had his


parcel of land as security to his debt. His debt amounted to
P218,294.10. His property is worth 75k more than what he
owe. Due to the failure of Engracio to make his payments, El
Banco executed an instrument to mortgage Engracios
property. Engracio however left for China and he never
returned til he died. Since Engracio is a non resident El Banco
has to notify Engracio about their intent to sue him by mea ns
of publication using a newspaper. The lower court further
orderdd the clerk of court to furnish Engracio a copy and that
itd be sent to Amoy, China. The court eventually granted El
Banco petition to execute Engracios property. 7 years
thereafter, Vicente surfaced on behalf of Engracio as his
administrator to petition for the annulment of the ruling.
Vicente averred that there had been no due process as
Engracio never received the summons.

ISSUE: Whether or not due process was not observed.

HELD: The SC ruled against Palanca. The SC ruled that the


requisites for judicial due process had been met. The
requisites are;

1. There must be an impartial court or tribunal clothed with


judicial power to hear and decide the matter before it.
2. Jurisdiction must be lawfully acquired over the person of
the defendant or over the property subject of the
proceedings.
3. The defendant must be given the opportunity to be
heard.
4. Judgment must be rendered only after lawful hearing.
University of Negros Occidental- Recoletos 17
School of Law

QUOTES FROM FAMOUS LEADERS

Men are born equal but they are also born different.
Erich Fromm

Equality is the soul of liberty; there is, in fact, no liberty

without it.
Frances Wright
University of Negros Occidental- Recoletos 18
School of Law

D. Right to Privacy

In the Philippines, the "right to be left alone" is a


constitutional right. In the case of Blas F. Ople v Ruben D.
Torres, et al, the Supreme Court considered the right to
privacy as one of the fundamental rights and is recognized
and enshrined in Sec.1, 2, 3(1), 6, 8, & 17, of the 1987
Const.)

CASE

Blas Ople v Ruben Torres, G.R.No.127685, July


23,1998
The petition questioned the constitutionality of AO
No.308 (entitled "Adoption of a National
Computerized Identification Reference System"
issued by Pres. Fidel V. Ramos o December 12,
1996), contending that the said AO was an
impermissible intrusion in the zone of privacy.

The lack of proper safeguards in the AO No.308


may:
1. Interfere with the individual's liberty of abode
and travel by enabling authorities to track
\\\\\\\down people's movement
2. Enable unscrupulous persons to access
confidential information and circumvent the
right against self-incrimination
3. Pave the way for "fishing expeditions" by
government authorities and avade the right
against unreasonable searches and seizures

"Assuming that AO No.38 need not be the subject


of a law, still it cannot pass constituional munster
as an administrative legislation because facially it
violates the right to privacy.
University of Negros Occidental- Recoletos 19
School of Law

RELATED LAWS

A. INTRUSION

Art.26(1), NCC Prying into the privacy of another's


residence.
Art.280, RPC Any private person who shall enter the
dwelling of another against the latter's will

Intrusion into the privacy of one's residence is not limited


to cases where the defendant physically trespassed into
another's property.
1. It includes cases when the defendant invaded
one's privacy by looking from the outside
2. A "peeping-tom" may be sued for violation of
privacy (it is illegal to peep, snoop, or eavesdrop
on the people in private places)
3. A person has the right to be free from
telephone, lens, hidden microphone, etc.

B. WIRE TAPPING AND OTHER SIMILAR MEANS

R.A.No.4200 of 1965
"An Act to Prohbit and Penalize Wire-Tapping and
Other Related Violations of the Privacy of
Communication, and for other Purposes"

Section 1.
It shall be unlawful for any person, not being authorized
by all the parties to any private communication or
spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or
dictagraph or dectaphone or walkie-talkie or tape
recorder, or however otherwise described x x x x x
University of Negros Occidental- Recoletos 20
School of Law

Socorro D. Ramirez v Honorable Court of Appeals,


et al
The framers of the Constitution must have known that
part of the pleasure of satisfactions of life are to be found in
the unaudited, and free exchange of communication between
individuals - free from every unjustifiable intrusion by
whatever means.

P.D. No.55
Dealing with unlawful telephone installations

R.A. 5733
Punishes electronics and communications engineer who
shall engage in illegal wire-tapping and/or employment
of electronics device in violation of the privacy of another
or in disregard of the privilege of private communications
or maintain an unlicensed and/or unregistered
communications system or device.

D. INTRUSION IN THE INTERNET

There will be intrusion through the internet if a person is


engaged in what is known as unlawful access
contemplated under sec.31 of RA No.8792 otherwise
known as the "Electronic Commerce Act"

Sec.1, RA No.8792
Access to an electronic file, or an electronic signature of
an electronic data message or electronic documents
shall only be authorized and enforced in favor of the
individual or entity having a legal right to the possession
or the use of the plain text, electronic
signature or file and solely for the authorized purposes.
The electronic key for identity or integrity shall not be
made available to any person or party without the
consent of the individual or entity in lawful possession of
the electronic key.
University of Negros Occidental- Recoletos 21
School of Law

E. VOYEURISM
A person who gets sexual pleasure from secretly
watching other people have sex.
A person who likes seeing and talking or writing about
something that is considered to be private.

Act. No. 9995


"Anti-Photo and Video Voyeurism Act of 2009"

R.A. 9995
The State values the dignity and privacy of every human
person and guarantees full respect for human rights.

Section 4. Prohibited Acts


Need consent of the person/s involve
1. It is hereby prohibited and declared unlawful for any
person to take photo or video coverage of a person or
group of persons performing sexual act or any similar
activity or to capture an image of the private area of a
person/s such as the naked or undergarment clad
genitals, pubic area, buttocks or female breast without
the consent of the person/s involved and under
circumstances in which the person/s has/have a
reasonable expectation of privacy.

Need without consent of the person/s involve:


1. To copy or reproduce, or to cause to be copied or
reproduced such photo or video or recording of sexual
act or any similar activity with or without consideration
2. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof
3. To publish or broadcast, or causes to be published or
broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through VCD/DVD.
Internet, cellular phones and other similar means or
devise.
University of Negros Occidental- Recoletos 22
School of Law

F. PUBLICATION OF PRIVATE ACTS


The interest sought to be protected is the right to be free
from unwarranted publicity, from the wrongful publicizing
of the private affairs and activities of an individual which
are outside the realm of legitimate public concern.

Civil Case No. 88-151 in Branch 134, RTC Makati


Juan Ponce Enrile filed a Complaint with
application for Temporary Restraining Order and
Writ of Preliminary Injunction, seeking to enjoin the
petitioners from producing the movie entitled "The
Four Day Revolution"

The proposed motion picture would be essentially a


reenactment of the events that made possible the
EDSA revolution; it is designed to be viewed in a
six-hour mini-series television play, presented in a
docu-drama style creating four fictional characters
interwoven with real events, and utilizing actual
documentary footage as background.

The court held that "the Four Day Revolution" limits


itself in portraying the participation of private
respondent in the EDSA Revolution to those events
which are directly and reasonably related to the
public facts of the EDSA Revolution, the intrusion
into private respondent's privacy cannot be
regarded as unreasonable and actionable. Such
portrayal may be carried out even without a license
from private respondent.
University of Negros Occidental- Recoletos 23
School of Law

DISCRIMINATION

Local and International Laws on discrimination:

Sec.1 Article XIII


The Congress shall give highest priority to the
enactment of measures that:
1. Protect and enhance the right of all the
people to human dignity,
2. Reduce social, economic, and political
inequalities, and
3. Remove cultural inequities by equitably
diffusing wealth and political power for the
common good

International Laws/ Treaties

Universal declaration of human rights

International convention on economic, social and


cultural rights

International convention on the elements of all forms


of racial discrimination

Convention against discrimination in education

Convention concerning discrimination in respect of


employment and occupation
University of Negros Occidental- Recoletos 24
School of Law

Art.135 Labor Code (w/criminal liability)

It is unlawful for any employer to discriminate against


any woman employee with respect to terms and
conditions of employment solely on account of her sex,
example:
1. Payment of less
compensation to a
female employee
compare to a male
employee
2. Favoring a male
employee when it
comes to promotion,
training, etc.

Yrasuegui v. Phils. Inc.


Dismissal of international flight steward due to
obesity has no discrimination
Imposition of weight standards for cabin crew
is dictated by flight safety

RA 9710 Magna Carta for Women


Recognizing that the economic, political, and socio
cultural realities affect women's current condition,
the State affirms the role of women in nation
building and ensures the substantive equality of
women and men. xxxxx

Discrimination against women refers to any gender-


based distinction, exclusion, or restriction which
has the effect or purpose of impairing or nullifying
the recognition, enjoyment, or exercise by women,
irrespective of their marital status, on a basis of
equality of men or women, of human rights and
fundamental freedom in the political, economic,
social, cultural, civil, or any other field. xxxxxx
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School of Law

1. Equal access and elimination of discrimination in


education, scholarships, and training
2. Gender-sensitive shall be used at all times in the
educational materials
3. Enrollment of women in non-traditional skills
training in vocational & tertiary levels
4. Expulsion and non-readmission of women faculty
due to pregnancy outside marriage shall be
outlawed
5. Nondiscriminatory and non-derogatory portrayal
of women in media and film

RA 7277 Magna Carta for disabled persons


Sec.32 no entity, public or private, shall
discriminate against a qualified disabled
person by reason of disability in regard to job
application procedures, hiring or promotion or
discharge of employees, compensation,
training, and other terms & conditions of
employment
University of Negros Occidental- Recoletos 26
School of Law

E. Right to Nationality

Nationality has a broader meaning than citizenship in


political law. It means belonging and owing allegiance to a
state. A national may not necessarily be a citizen of a state.
Nationality is a bond that ties individuals with a given state,
that identifies them as members of that entity that enables
them to claim its protection.

Under international law, a person is entitled to the protection


of his rights by the country which he is a national.
University of Negros Occidental- Recoletos 27
School of Law

RELATED LAWS

Universal Declaration of Human Rights

Article 15: (1) Everyone has the right to a nationality


(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.

Philippine Laws:

The Philippine nationality law is based upon the principles


of jus sanguinis (Latin for right of blood) and therefore
descent from a parent who is a citizen or national of the
Republic of the Philippines is the primary method of acquiring
Philippine citizenship. This is contrasted with the legal
principle of jus soli where being born on the soil of a country,
even to foreign parents, grants one citizenship. For those
born in the Philippines to non-Filipino parents, the
Administrative Naturalization Law of 2000 (R.A. 9139)

Republic Act No. 9225, approved 29 August 2003, provided


that natural-born citizens of the Philippines who had lost their
Philippine citizenship by reason of their naturalization as
citizens of a foreign country would be deemed to have re -
acquired Philippine citizenship upon taking an oath of
allegiance to the Republic, that their children whether
legitimate, illegitimate or adopted, below eighteen (18) years
of age, shall be deemed citizens of the Philippines, and that
natural born citizens of the Philippines who become citizens
of a foreign country subsequent to its enactment would retain
their Philippine citizenship upon taking the oath.

Republic Act No. 8171, approved 23 October 1995, provided


a mechanism allowing Filipino women who have lost their
Philippine citizenship by marriage to aliens and natural-born
Filipinos who have lost their Philippine citizenship, including
their minor children, on account of political or economic
necessity, to reacquire Philippine citizenship.
University of Negros Occidental- Recoletos 28
School of Law

Jus soli ( by place)


The child is a citizen of the place where he was born

Citizenship by naturalization
Commonwealth Act No. 473, approved June 17, 1939,
provided that persons having certain specified qualifications
may become a citizen of the Philippines by naturalization. ]
Republic Act No. 9139, approved June 8, 2001, provided that
aliens under the age of 18 who were born in the Philippines,
who have resided in the Philippines and have resided therein
since birth, and who possess other specified qualifications
may be granted Philippines citizenship by administrative
proceeding subject to certain requirements.
Under Section 2 of the Revised Naturalization Law the
applicant must possess the following qualifications:

He/she must not be less than twenty-one (21) years of


age on the day of the hearing of the petition;
He/she must have resided in the Philippines for a
continuous period of not less than ten (10) years;
He/she must be of good moral character and believes in
the principles underlying the Philippine Constitution, and
must have conducted himself in a proper and
irreproachable manner during the entire period of his
residence in the Philippines in his relation with the
constituted government as well as with the community in
which he is living;
He/she must own real estate in the Philippines worth not
less than five thousand (5000) pesos, Philippine
currency, or must have some known lucrative trade,
profession, or lawful occupation
He/she must be able to speak or write English or
Spanish or any one of the principal languages.
He/she must have enrolled his minor children of school
age in any of the public or private schools recognized by
University of Negros Occidental- Recoletos 29
School of Law

the Bureau of Public Schools of the Philippines where


Philippine history, government and civics are taught or
prescribed as part of the school curriculum, during the
entire period of the residence in the Philippines required
of him prior to the hearing of the petition for
naturalization as Philippine citizen. [9]
A child of a Filipino is considered a Filipino regardless of his
place of birth. Under Article 4, section 1 of the Philippine
Constitution, it is necessary that both parents be Filipino;
what is required is that one of them be Filipino. Consequently,
a child of a Filipino parent will always have a nationally,
unless he repudiates it by a legal act. On the other hand, a
child of American citizens who is born in the Philippines will
have a problem once he reaches the age of majority. During
his minority, he is deemed to have the same citizenship as his
parents
The right to change a nationality is not absolute: it is subject
to the requirements and limitations of the requested State.
University of Negros Occidental- Recoletos 30
School of Law

F. Right of the Arrested and detained person

RELATED LAWS

MIRANDA DOCTRINE (Rights of Persons under Custodial


investigation)

Rights of the Accused

1.Right to due process

Universal Declaration of Human Rights

Article 9: No one shall be subjected to arbitrary arrest,


detention or exile.
University of Negros Occidental- Recoletos 31
School of Law

2.Right to be presumed innocent

Universal Declaration of Human Rights

Article 11: Everyone charged with a penal offence has the


right to be presumed innocent until proved guilty according to
law in a public trial at which he has had all the guarantees
necessary for his defense

3.Right to be heard by himself and counsel


4.Right to be informed of the nature of the charge against him
5.Right to speedy, impartial and public trial
6.Right to meet witnesses face to face
7.Right to have compulsory process to secure attendance of
witness
8.Right against double jeopardy
9 . R i g h t t o b a i l R u l e 122 of the Rules of Court provides
for the right of the accused to appeal.
University of Negros Occidental- Recoletos 32
School of Law

G. Right to Own Property

Property and other forms of private ownership of external


goods contribute to the expression of personalities on an
individuals property and provide man with the opportunity of
exercising his role in society and in the economy.

RELATED LAWS

Universal Declaration of Human Rights

Article 17: (1) Everyone has the right to own property alone as
well as in association with others. (2) No one shall be
arbitrarily deprived of his property.

Articles 414 to 561 of the Civil Code of the Philippines deals


with acquisition of property, whether real or personal, the right
of possession and disposition of the same.
University of Negros Occidental- Recoletos 33
School of Law

Art. III, Sec. 1 of the 1987 Phil. Constitution provides: No


persons shall be deprived of life, liberty and property without
due process of law.

CASE

Fernando v. St. Scholastics College


693 SCRA 141

FACTS: Respondents have been compelled to construct their


fence in accordance with an assisted ordinance.

ISSUE: Is this a clear encroachment on their right to


property?

HELD: Yes, for the right to property necessarily includes the


respondents a right to decide how best to protect their
property.
University of Negros Occidental- Recoletos 34
School of Law

H. Right to Marry and Found Family

RELATED LAWS

Universal Declaration of Human Rights

Article 16:

1) Men and women of full age, without any limitation due to


race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.

(3) The family is the natural and fundamental group unit of


society and is entitled to protection by society and the State.
University of Negros Occidental- Recoletos 35
School of Law

The Philippine Constitution states as one of its state policies


the recognition of the sanctity of family life and shall protect
and strengthen the family as the foundation of the
nation.(Coquia, 2000,p. 89)

The right of men and women of marriageable age to marry


and found an family shall be recognized (Article, 23, Section
2, Political Covenant)

The Philippine Constitution states as one of its State policies


the recognition of the sanctity of family life and shall protect
and strengthen the family as a basic autonomous soci al
institution. (Article 2, Section 2)It further states that the State
recognizes the Family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively
promote its total development (Article 15, Section 1).

To protect the integrity of marriage and the family, the Family


code provides for the requisites of a valid marriage (Articles
1-10, Family Code).
University of Negros Occidental- Recoletos 36
School of Law

I. Right to freedom of thought, conscience and religion

Considered as one of the basic and inherent human


rights are the rights of freedom of thought, conscience or
religion.

Universal Declaration of Human Rights

Article 18: Everyone has the right to freedom of thought,


conscience and religion; this right includes freedom to change
his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his
religion or belief in teaching, practice,
worship and observance.

Everyone shall have the right to freedom of thought,


conscience and religion. This right shall include freedom to
have or to adopt a religion or belief of his choice, and
freedom, either individually or in community with others and in
public or private, to manifest his religion or belied in worship,
observance, practice and teaching (Article 18, Section 1,
Political Covenant)
University of Negros Occidental- Recoletos 37
School of Law

No law shall be made respecting an establishment of religion,


or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No
religions test shall be acquired for the exercise of civil or
political rights. (Art. III, Sec. 5 of the1987 Phil.
Constitution)

No person shall be detained solely by reason of hi s political


beliefs and aspirations. (Art. III, Sec. 18 of 1987Phil.
Constitution)

A. Freedom of Opinion and Expression

No law shall be passed abridging the freedom of speech, of


expression, or of the press, or the right of the people
peaceably to assemble and petition the government for
redress and grievances. (Art. III, Sec. 4 of the Phil.
Constitution)

B. And Right of Access to Information

The Right of the people to information on matters of public


concern shall be recognized. Access to official records, and
documents and papers, pertaining to official acts,
transactions, or decisions, as well as to government research
of data used as basis for policy development, shall be
afforded citizen, subject to such limitations as may be
provided by law.(Art. III, Sec. 7)

Subject to reasonable conditions prescribed by law, the state


adopts and implements a policy of full public disclosures of all
its transactions involving public interest. (Art. II, Sec. 28)

C. Right to peaceful assembly for the redress of grievances

No law shall be passed abridging the freedom of speech, of


expression, or of the freedom of the press, or the right of the
University of Negros Occidental- Recoletos 38
School of Law

people peaceably to assemble and petition the government for


redress of grievances.(Art. III, Sec. 4)

D. Freedom of Association

The state shall respect the role of the independent peoples


organizations to enable the people to pursue and protect,
within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and
lawful means. (Art. XIII, Sec. 15)

E. Right to Participate in Government Affairs and Equal


Access to Public Services

Initiative and referendum as provided forunder the Philippine


Constitution

Election

Creation of social Welfare entities and agencies (SSS, GSIS,


PhilHealth etc.)