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Human Rights Sarmiento Chap 1 PDF
Human Rights Sarmiento Chap 1 PDF
INTRODUCTION
Human Rights law – branch of public law that deals with the body of laws, rules,
procedures, and institutions designed to respect, promote and protect human rights and
the national, regional and international levels
UN Charter
o reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of the nations large and
small
o to promote social programs and better standards of life in larger freedom
1987 Constitution Article 2 Sec 11
o State value the dignity of every h
o uman person and guarantees full respect for human rights
1984 Universal Declaration of Human Rights
o basic source of human rights
Definition
aggregate of privileges, claim, benefits, entitlements and moral guarantees that pertain
to man because of his humanity
system of values or elements which are inherent to human dignity
why does man have rights? human person possesses rights because of the very fact
that it is a person, a whole, master of itself and of its acts and which consequently is
not merely a reason to an end but an end which must be treated as such
connection between a human person and his possession of his rights - any human
society if it is to be well ordered and productive must lay down as a foundation the
principle that ever human being is a person, and that his nature is endowed with
intelligence and full will. By virtue of this he has rights and duties flowing directly and
simultaneously from his very nature
legal and moral entitlements that have evolved as a basis for constructing how state
power is used and particularly to limit its use against the rights of citizens
Kinds/ Generation of Rights Karl Vask’s division follows the French Revolutions slogans –
Liberty Equality Fraternity
1st Gen of Civil and Political Rights aka 1st gen of liberty rights
o individual rights against the state and are partly seen as negative
o due to the development of democratic society
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o serves as the protection of the individuals form arbitrary exercise of police power
o examples
right to life, liberty and security of person
right against torture
right to equal protection against discrimination
right against arbitrary arrest and detention
right to a fair and public hearing by an independent and impartial tribunal
right to be presumed innocent until proven guilty
right to privacy, freedom of opinion and expression
nd
2 Gen of Economic, Social and Cultural rights aka 2 nd generation of equality rights
o people realized that possession of first generation of liberty rights would be
valueless without the enjoyment if economic, social and cultural rights
o struggle against Comlonialism, Socialism and encyclicals of the Pope
o ex
right to work
right to social security
right to form and to join trade unions
right to education
right to rest and leisure
right to health
right to shelter
rd
3 Gen Solidarity or Collective rights aka 3rd generation of solidarity rights
o benefits individuals, groups and people
o realization will need global cooperation based on international solidarity
o examples
right to peace
right to development
environmental rights
right of self determination
right to food
rights of women
rights of children
right to humanitarian disaster relief
right to water
Principles
Universality
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o rights belong to and are to be enjoyed by all human beings without distinction of
any kind, such as race, color, sex or language, religion, political and other
opinion, national or social origin, property , birth or other stature
o HR belongs to everyone wherever they are because they are human beings
endowed with dignity
o Internationally recognized human rights are the basic core minimum to be
observed everywhere without regional differences
o HR belongs to everyone, everywhere by virtue of being human
o no one, no group, no place in the world should be denied the enjoyment of
human rights
Indivisibility and Interdependence
o first generation of liberty rights and second generation of equality rights are inter
related and are co equal in importance
o forms an indivisible whole and only if these rights are guaranteed that an
individual can live decently and in dignity
o international community must treat human rights in equal manner, same footing
and same emphasis
o we cannot enjoy civil and political rights unless we enjoy economic, cultural and
social rights must enjoy economic cultural and social rights (equality) to be
able to enjoy civil and political rights (liberty)
Characteristics
Inherent
o rights are the birthright of all human beings
o exists independently of the will of either individual human being or group
o not obtained and granted through any human action or intervention
o when one is born, he carries with them these rights, they cannot be separated
or detached from him
Inalienable
o no person can deprive any person these rights and no person can repudiate
these rights by himself
o rights cannot be subject of the commerce of man
Universal
o rights belong to every human being no matter what he or she is like
o promotion and protection are the duty of all states, regardless of cultural,
economic or political systems
Stages
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Idealization
o notions about human rights have started in the realm of ideas that reflect a
consciousness against oppression, dehumanization or inadequate performance by
the state
Positivization
o support for the ideas become strong
o stage is set to incorporate them in o some legal instrument, whether domestic or
international law
Realization
o last stage where these rights are enjoyed by citizens of the state by
transformation of the social economic and political order
prohibition of slavery
prohibition of advocacy of racial hatred
right to protection of law - need to take positive means to protect
children, family and rights to life liberty and equality
FACTS
ISSUES
Whether or not CHR has the jurisdiction to investigate alleged violations of the business
rights of private respondents whose stalls were demolished by petitioners at instance
and authority given by the Mayor? NO.
Whether or not the CHR has the authority to issue an order to desist? NO.
HELD - petition GRANTED. The Commission on Human Rights is hereby prohibited from
further proceeding with CHR Case No. 90-1580 and from implementing the P500.00 fine for
contempt.
Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights
Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection;
Exercise visitorial powers over jails, prisons, or detention facilities;
Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights;
Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their families
Monitor the Philippine Government's compliance with international treaty obligations on
human rights;
Grant immunity from prosecution to any person whose testimony or whose possession
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Section 18, Article XIII, of the 1987 Constitution - empowers the Commission on Human
Rights to "investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights"
what are sought to be demolished are the stalls, sari sari sotres and carinderias as well
as temporary shanties, erected by private respondents on a land which is planned to be
developed into a "People's Park".
the land adjoins the North EDSA of Quezon City which is a busy national highway.
The order for the demolition of the stalls, sari-sari stores and carinderia of the private
respondents do not fall within the compartment of "human rights violations involving civil
and political rights" intended by the Constitution.
accordance with the procedure and sanctions provided for in the Rules of Court."
That power to cite for contempt should apply only to violations of its adopted
operational guidelines and rules of procedure essential to carry out its investigatorial
powers.
power to cite for contempt could be exercised against persons who refuse to cooperate
with the said body, or who unduly withhold relevant information, or who decline to honor
summons, and the like, in pursuing its investigative work.
not investigatorial in character but prescinds from an adjudicative power that it does not
possess.
The constitutional provision directing the CHR to "provide for preventive measures and
legal aid services to the underprivileged whose human rights have been violated or
need protection" may not be construed to confer jurisdiction on the Commission to issue
a restraining order or writ of
"preventive measures and legal aid services" mentioned in the Constitution refer to
extrajudicial and judicial remedies which the CHR may seek from proper courts on
behalf of the victims of human rights violations.
CHR has no jurisdiction to issue the writ
o may only be issued "by the judge of any court in which the action is pending
Commission does have legal standing to indorse, for appropriate action, its findings and
recommendations to any appropriate agency of government.
Human Rights
social rights,
o such as the right to an education, employment, and social services.
entitlement that inhere in the individual person from the sheer fact of his humanity.
not granted by the State but can only be recognized and protected by it.
Universal Declaration of Human Rights.
o International Covenant on Economic, Social and Cultural Rights and
o International Covenant on Civil and Political Rights,
part of his natural birth, right, innate and inalienable.
Civil Rights
belong to every citizen of the state or country, or, in wider sense, to all its inhabitants,
and are not connected with the organization or administration of the government.
rights of property, marriage, equal protection of the laws, freedom of contract, etc
rights appertaining to a person by virtue of his citizenship in a state or community.
rights capable of being enforced or redressed in a civil action.
guarantees against involuntary servitude, religious persecution, unreasonable searches
and seizures, and imprisonment for debt.
Political Rights
This is all I have so far with the digest. Gonna try to get the actual case tomorrow through
dad’s office
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Facts:
Louie Soriao was a high school student in the sub province of Dinalungan, Aurora (S.Y. 1993
to 1994). Due to his reputation of talking back to school authority during the past years, he
was refused readmission to complete his fourth and final year of high school through a verbal
notice not to readmit.
Soriao questioned the notice, averring that he was deprived of a hearing on the matter and
thus the verbal notice was a denial of his right to due process. The administration ignored the
student’s plea to reconsider its decision to deny him readmission claiming, “it was their
prerogative.” Seeking further remedies to no avail, Soriao filed a petition for certiorari to the
CA.
Issue: Whether or not the petitioner was denied his right to education.
Ruling: YES. The Court of Appeals ordered Pineda, Head Teacher of the Juan C. Angara
Memorial High School to allow Soriao to enroll and study after he was meted out a disciplinary
action without due process. The Court of Appeals invoked the 1987 Constitution and the
Universal Declaration of Human Rights. Article XIV, Sections 1 and 2 and Article II, Sections
13 and 17 of the 1987 Constitution provide:
Article XIV, Section 1: The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education accessible to
all.
Article II, Section 13: The State recognizes the vital role of the youth in nation-building and
shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It
shall inculcate in the youth patriotism and nationalism, and encourage their involvement in
public and civic affairs.
Section 17: The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.
Also since it is the Constitution which granted petitioner the right of education, he may only
deprived of such right with due process of law as stated in Art. III, Sec. 1 of the 1987
Constitution, “No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied equal protection of the laws.
Facts: The principal plaintiffs are minors duly represented and joined by their parents. They are
joined by Philippine Ecological Network Inc. Plaintiffs are instituting this taxpayer’s class suit
“representing their generation as well as generations yet unborn” for the sake of the Virgin
tropical rainforests. They hope to cancel all existing timber license agreements in the country
and cease and desist from approving the same in the future. They aver that in order to
maintain a balanced and healthful ecology, the country must maintain a ration of 54% of forest
cover. Without it, the resulting environmental tragedies will include water shortage, salinization
of water table, massive erosion, global warming, drought spells…etc. Plaintiffs make these
claims on their constitutional right to a balanced and healthful ecology and on the premise that
the timber license agreements (TLA) are contrary to public policy, violative of their rights to
self-preservation, and to conserve and promote the nation’s cultural heritage and resources.
Issues: Is the complaint presented judicially actionable or does it raise political questions?
Held: It is actionable. The Court finds enough cause of action to show a violation of the
claimed rights. They may thus be granted the reliefs prayed for. What is involved here is the
enforcement of a right vis-à-vis policies already formulated and expressed in legislation. Their
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personality to sue in behalf of the succeeding generations can only be based on the concept
of intergenerational responsibility insofar as the right to a balanced and healthful ecology is
concerned. This right carries with it the correlative duty to refrain from impairing the
environment. It is the DENR’s duty to protect and advance said right. What is considered here
is the “rhythm and harmony of nature”, indispensably including the judicious disposition,
utilization, management, renewal and conservation of the country’s forest, mineral, land, waters,
fisheries, wildlife, off-shore areas and other natural resources to the end that their exploration,
development and utilization be equitably accessible to the present and future generations. Even
the non-impairment clause for the effectivity of TLAs must yield to the police power of the
state.
under his control and supervision. Under the conditions, the Court found that the respondent
has not committed any abuse of authority
Issue: WON respondent acted arbitrarily in the premises when he allowed the complainant to
open and view the docket books of respondent
Held:
No. The respondent allowed the complainant to open and view the docket books of
respondent under certain conditions and under his control and supervision. It has not been
shown that the rules and condition imposed by the respondent were unreasonable. The access
to public records is predicated on the right of the people to acquire information on public
concern. The New Constitution now expressly recognizes that the people are entitled to
information on matters of public concern and thus are expressly granted access to official
records, as well as documents of official acts, or transactions, or decisions, subject to such
limitations imposed by law.
Facts:
7 consolidated cases alleging that President Gloria Macapagal-Arroyo committed grave
abuse of discretion in issuing Presidential Proclamation No. 1017 (PP 1017) and
General Order No. 5 (G.O. No. 5),
PP 1017 - declared a state of national emergency
o saying that the Communist insurgents are in a systematic conspiracy to bring
down the government with Magdalo Group and Gen. Lim and Marine
Commander Ariel Querubin (clear and present danger); suppress terrorism and
lawless violence
warrantless arrests and take-over of facilities may be done
o During dispersal of the rallyists along EDSA, police arrested (without warrant)
petitioner Randolf S. David, a professor at the University of the Philippines and
newspaper columnist.
Also arrested was his companion, Ronald Llamas, president of party-list
Akbayan
o At around 12:20 in the early morning of February 25, 2006, operatives of the
Criminal Investigation and Detection Group (CIDG) of the PNP, on the basis of
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PP 1017 and G.O. No. 5, raided the Daily Tribune offices in Manila. The raiding
team confiscated news stories by reporters, documents, pictures, and mock-ups
of the Saturday issue
Ratio Decidendi:
Generally, Congress is the repository of emergency powers. However, knowing that
during grave emergencies. However, the Constitution allows Congress to grant
emergency powers to the President, subject to certain conditions
o There must be a war or other emergency.
o The delegation must be for a limited period only
o The delegation must be subject to such restrictions as the Congress may
prescribe.
o The emergency powers must be exercised to carry out a national policy declared
by Congress
Assailed PP 1017 is unconstitutional insofar as it grants President Arroyo the authority
to promulgate “decrees.”
o Legislative power is peculiarly within the province of the Legislature. Sec. 1, Art.
VI categorically states that “the legislative power shall be vested in the Congress
of the Philippines which shall consist of a Senate and a House of
Representatives.” To be sure, neither Martial Law nor a state of rebellion nor a
state of emergency can justify President Arroyo’s exercise of legislative power by
issuing decrees
President also cannot call the military to enact laws such as laws on family, corporate
laws, obligations and contracts, etc. Under the PP 1017, she can only call out the
military to suppress lawless violence
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