Human Rights Law

Atty. Noel Ephraim R. Antigua

PRELIM
I. The Nature of Human Rights
A. Origin
B. Definition
i. UN Definition
ii. PH Commission on Human Rights Definition
C. Basic Characteristics: Inherent, Fundamental, Inalienable, Imprescriptible,
Indivisible, Universal, Interdependent
D. Classification of Rights
i. As to Source – Natural, Constitutional, Statutory
ii. As to Recipient – Individual, Collective
iii. As to Aspect of life – Civil, Political, Economic, Social, Cultural
iv. As to Struggle for Recognition/3 Generations – 1st Generation of rights, 2nd
Generation of rights & 3rd Generation of rights
v. As to Derogability – Absolute, Relative
E. Generations of Rights
i. First Generation Rights
ii. Second Generation of Rights
iii. Third and Fourth Generation of Rights
F. Components
i. Right-holder
ii. Duty-holder
iii. Object
iv. Implementation
G. Stages
i. Idealization
ii. Positivization
iii. Realization
H. Readings
i. Simon vs. Commission on Human Rights, G.R. No. 100150 (05 January
1994)
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 ii. Oposa vs. Factoran, 224 SCRA 792 (1993)

II. HISTORY, SOURCES, THEORIES & DEVELOPMENT OF HUMAN RIGHTS

A. History of Human Rights
B. Sources of Rights
i. The Incorporation Clause (Article II, Section 2)
ii. 1987 Constitution
 First Generation Rights
o Article 3, Bill of Rights
 Second Generation Rights
o Article XII, National Economy and Patrimony
o Article XIII, Social Justice and Human Rights
o Article XIV, Education, Science and Technology, Arts, Culture, and
Sports
 Third Generation Rights
o Article II, Declaration of Principles and State Policies
o Article XV, The Family
iii. International Bill of Rights
 Universal Declaration of Human Rights
 Jus cogens
 Obligatio erga omnes
iv. General Principles of Law
v. Judicial Decisions & Teachings
 International Court of Justice
 International Criminal Court
 Ad hoc criminal tribunals
 Regional Courts
 Hybrid or Internationalized Courts
C. Theories
i. Religious/Theological Approach
ii. Natural Law Theory
iii. Positivist Theory
iv. Theory of Marxism
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 v. The Sociological Approach
vi. Utilitarian Theory
vii. Theories of Justice
viii. Theory based on Equality & Respect of Human Dignity
D. Origin, Concept, Status, and Foreign Policy on Human Rights in the
Philippines

MIDTERMS
III. THE FUNDAMENTAL POWERS OF THE STATE
A. The Powers of the State
i. Police Power
ii. Power of Eminent Domain
iii. Power of Taxation
B. Similarities and Common Limitations of the Powers of the State
i. Police Power
ii. Power of Eminent Domain
iii. Power of Taxation
C. Police Power
i. Requisites for Valid Exercise
ii. What Police Power covers
iii. Related Reading
 Ermita-Malate Hotel vs. City Mayor of Manila, G.R. No. L-24693 (31 July
1967)
D. Power of Eminent Domain
i. Requisites for Valid Exercise
ii. What Taking Means
iii. Eminent Domain vs. Destruction from Necessity
iv. Concept of Public Use
v. Concept of Just Compensation
vi. Related Reading:
 Republic vs. De Castellvi, G.R. No. L-20620 (15 August 1974)
 Manosca vs. CA, G.R. No. 166440 (29 January 1996)
 US vs. Causby, 328 U.S. 256 (1946)
E. Power of Taxation
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 i. What is Tax
ii. What Taxation Means
iii. Scope of Legislative
iv. Limitations on the Power of Taxation
v. Concept of Double Taxation
vi. Tax vs. License Fee
vii. Related Reading:
 City of Manila vs. Coca-Cola Bottlers Philippines, G.R. No. 181845 (04
August 2009)

SEMI-FINALS
IV. HUMAN RIGHTS DISCUSSION PROPER
A. Civil and Political Rights
i. Hierarchy of Rights
ii. Bill of Rights in the 1987 Constitution
 Right to Vote
 Right to Nationality
 Right to Due Process
o Substantive Due Process
o Procedural Due Process
o Requisites of Due Process (Judicial and Administrative)
o Related Reading:
 City of Manila vs. Laguio, G.R. No. 118127 (12 April 2005)
 Equal Protection of the Law
o Requisites for Valid Classification
o Related Reading
 Garcia vs. Drilon, G.R. No. 179267 (25 June 2013)
 Right to Life, Liberty, and Security
o Death Penalty in the Philippines
o Euthanasia
o Abortion
o Prohibition against Slavery and Involuntary Servitude
o Exception on Forced Labor
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 o Torture, Cruel, Inhuman, and Degrading Treatment and Punishment
o Non-imprisonment for debts
 Right against Unreasonable Searches and Seizures
o Essence of Privacy
o Search Warrant vs. Warrant of Arrest
o Requisites of valid Search Warrant and Warrant of Arrest
o Warrantless Searches
 Visual Search of moving vehicles
 Search incidental to a valid arrest
 Search of Passengers in airports, terminals, etc.
 Plain view doctrine
 Stop and Frisk Doctrine
 Express waiver made voluntarily and intelligently
 Customs Search
 Exigent and Emergency Circumstances
o Warrantless Arrests
 In Flagrante Delicto
 Hot Pursuit
 Escaped Prisoner or Detainee
 Express Waiver of Arrested Person
 Continuing Offenses
 Arrest after Escape or Rescue
 Arrest of Accused out on Bail
 Right to Privacy
o General Rule and Exception
o Intrusion, when allowed
o Reasonable Expectation of Privacy
o Right of Privacy in Social Media
 Freedom of Expression
o Scope of Protected Freedom of Expression
o Limitations on Freedom of Expression
o Freedom of Speech
o Freedom of the Press
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 o Right to Assembly and Petition the government
o Right to Form Association
o Freedom of Religion
o Right to Access Information
o Clear and Present Danger Test
 Liberty of Abode and Freedom of Movement
o Freedom to Choose and Change One’s Place of Abode
o Freedom to Travel within the Country
o Limitations
 Rights of Suspects and Persons under Detention
o Miranda Doctrine
o Availability of the Right
o Waiver of the Right
 Rights of the Accused
o Due Process
o Presumption of Innocence
o To be heard by himself and counsel
o Be informed of the nature and cause of the accusation against him
o Speedy, impartial, and public trial
o Confront the witnesses against him
o Compulsory processes to secure witnesses and evidences
o Double jeopardy
o Self Incrimination
o Bail
B. Economic, Social and Cultural Rights
i. Social Justice and Human Rights in the 1987 Constitution
ii. The International Covenant on Economic, Social and Cultural Rights
 Right to Development
 Right of Self Determination
 Right to Work under Decent Living Conditions
 Right of Workers to Self-Organization
 Right to Strike

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  Right to Social Security
 Family as a Basic Social Institution
 Religious Education and Instruction
 Right to High Standard of Physical and Mental Health
 Right to Education and Development of Human Personality
 Right of Students and Academic Freedom
 Public Interest in Social Litigation
 State Compliance with Economic Covenant
 Related Readings
o Calalang vs. Williams, 70 Phil. 726 (1940)
o MMDA vs. Concerned Residents of Manila Bay, G.R. Nos. 171947 (18
December 2008)
C. Solidarity/Collective Rights
i. Peace, Development, Environment
 Declaration on the Right of Peoples to Peace (1984)
 Declaration on the Right to Development (1986)
 Convention on Biological Diversity (1992)
ii. Women
 Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
 Magna Carta of Women (2009)
 Related Readings
o Yasin vs. The Honorable Judge Shari’a District Court, G.R. No.
94986 (23 February 1995)
o Remo vs. Secretary of Foreign Affairs, G.R. No. 169202 (05 March
2010)
iii. Rights of Children
 Convention of the Rights of the Child (1990)
iv. Youth Sector
v. Elderly Sector
vi. Physically and Mentally Disabled Person
 Magna Carta for Disabled Persons (1999)
 Convention on the Rights of Persons with Diasbilities (2008)
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 vii. Laborers
viii. Household Helpers
ix. Refugees
x. Stateless Persons
xi. Indigenous Peoples
 Declaration on the Rights of Idigenous Peoples (2007)

FINALS
V. INTERNATIONAL HUMANITARIAN LAW
A. Definition
B. 2 Components of IHL
C. Application of IHL
D. Fundamental Rules of IHL
E. International Humanitarian Law (IHL) versus International Human Rights
Law (IHRL)

VI. REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS

A. Domestic:
 Civil Remedies
 Criminal Remedies
 Administrative Remedies
 Commission on Human Rights
B. International:
 Under UN Treaties:
o The Optional Protocol to ICCPR
o International Covenant on the Elimination of All Forms of Racial
Discrimination
o Convention Against Torture & Other Cruel, Inhuman or Degrading
Treatment or Punishment
1. The “1503” Procedure
2. International Criminal Court (ICC) Rome Statute
C. Related Readings
 R.A. No. 10368 (The Human Rights Reparation and Recognition Act of 2013

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  Republic vs. Sandoval, 220 SCRA 124 (1993)
 MHP Garments vs. Court of Appeals , G.R. No. 86720 (2 September 1994)
 Secretary of National Defense vs. Manalo, G.R. No. 180906 (07 October 2008)

IMPORTANT NOTES:
 Secure a copy and ALWAYS read the UDHR & the 1987 PH Constitution Codal
Provisions.
 Read the handouts excerpted book of Justice Jorge Coquia titled Human Rights
 Read the assigned cases.
 Study as if everything depends on you and pray as if everything depends on
God.

Atty. N.E.R. Antigua

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