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HUMAN RIGHTS LAW (Jorge Coquia)

Digested by Lex - February 15, 2018


Chapter I
GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS

 What do you understand by human rights?


Human rights are universal legal guarantees protecting individuals
and groups against actions which interfere with fundamental
freedoms and human dignity.  Human rights are generally defined as
those rights which are inherent in our nature and without which, we
cannot live as human beings. These rights and fundamental freedoms
allow us to develop and use our human qualities, intelligence,
talents and conscience, and to satisfy our spiritual and other
needs.  The dignity of man and human life is inviolable. From the
dignity of man is derived the right of every person to free
development of his personality.  It's the essence of these rights
that make man human.

Basic Charateristics:  
inherent, - you have it since you are born
fundamental,
inalienable, - cannot be rightfully taken, example is torture
imprescriptible,
indivisible, - not capable of being divided
universal and – applies to all
interdependent.

Classified to:
A.  According to source - natural rights, constitutional rights,
statutory rights
B. According to recipient - individual rights, collective rights
C. According to aspect of life - civil, political, economic,
social, cultural rights
D. According to struggle for recognition - first, second and third
generation rights
E. According to derogability - absolute or non-derogable, derogable
or can-be-limited rights
What are the Sources of human rights?
Natural rights - God-given rights, unwritten, prevail as norms of
society
B. Constitutional rights - conferred and protected by the
Constitution and cannot be modified or taken away by the law-making
body
C. Statutory rights - provided by law promulgated by the law-making
body and may be abolished by the same

Who are entitled to enjoy human rights?


ALL

How did the violation of human rights originate?


History has shown that as man started to live in a society, his
inherent rights began to be violated by his own fellowmen. The
state authorities who are supposed to protect his rights are even
his persecutors.  

Who were the first violatiors of human rights?


The first violators were the Greeks and Romans who were supposed to
have started the development of Western civilization - they
legalized the institution of slavery, when men and women were held
as chattels and could be disposed of in any manner

Human rights are characterized as Inherent. Why? Give examples.


Not granted by any person or authority, do not need any event for
their existence. Ex: right to life and dignity as a human being

Human rights are Fundamental. Why? Give examples. 


Without them the life and dignity of man will be meaningless. Ex:
right to individual liberty and security of a person or freedom of
thought and religion

Human rights are Inalienable. Why? Give examples 


Cannot be rightfully taken away from an individual. Ex: freedom
from torture

Human rights are Imprescriptible. Why? Give examples 


Cannot be lost even by a long passage of time. Ex: freedom of
thought, conscience and religion

Human rights are Indivisible. Why? Give examples 


Not capable of being divided.  Ex: freedom of belief or opinion,
freedom of religion and worship.  

Human rights are Universal. Why? Give examples 


No borders, applies to all.  Ex: right to life is the same whether
one is in Asia or Europe

Human rights are Interdependent. Why? Give examples 


The fulfillment or exercise of one cannot be had without the
realization of the other. Ex: one's right to life and existence as
a person cannot be realized without one's right to work and
maintain a good standard of living

What do you mean by 2nd generation of human rights. Give examples. 


Covers economic, social and cultural rights, which primarily find
their origin in the socialist tradition and have been variously
promoted by revolutionary struggles and welfare movements, also
known as social welfare rights.  Ex: right to development, right to
work under decent living conditions, right of workers to self-
organization.
What are 3rd and 4th generation of human rights. Give examples of
each.
Covers collective rights, best understood as a product of both the
rise and decline of the nation-States in the last half of the 20th
century.  Ex: right of people to a healthy environment

CHAPTER II
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN RIGHTS

What is the origin of human rights?


These arose from the struggle of man against injustices of despotic
rulers.  Men revolted against the concept of the "Divine Right of
Kings." In the Middle Ages, the Magna Carta was delivered by King
John in 1215. It is regarded as the first English Constitution that
guaranteed the personal liberties and civil rights.  The Americans
revolting against the English King in 1776 declared their own Bill
of Rights. The French in 1789 proclaimed the Declaration of the
Rights of Man where it was declared that all men are born free and
equal and affirmed the inalienable rights of man.  Eventually most
democratic countries adopted in their respective constitutions
their own Bill of Rights.

Name and explain some of the theories advanced as the sources of


human rights.
Religious or theological approach - doctrine of a Supreme Being,
the creator, the Father of all humanity. Central is the concept of
the dignity of man as a consequence of human rights, and therefore
the rights are universal, inalienable and cannot be denied by
mortal beings (men).
Natural Law - the conduct of men must always conform to the law of
nature, and this theory is detached from religion.  The natural
characteristics of human beings are the social impulse to live
peacefully and in harmony with others, and whatever conformed to
the nature of men was right and just.  Whatever is disturbing to
social harmony is wrong and unjust. 
Positivist - states that all rights and authority come from the
state and what officials have promulgated, that rights are enjoyed
if recognized and protected by legislation promulgated by the
state.
Marxist - emphasizes the interest of society over an individual's
interest – communism
Functional or sociological approach - human rights exist as a means
of social control, that human rights exist to serve the social
interests of society. This approach was developed in the early 20th
century when there were demands for a variety of wants, as help for
the unemployed, handicapped, underprivileged, minorities and other
disadvantaged groups.
Utilitarian Theory - principle that requires governments to
maximize the total net sum of citizens. It emphasizes that an
individual cannot be more important than the entire group.  An act
is good only when it takes into consideration the interests of the
society and tends to augment the happiness of the entire community
 Theory based on Justice - each person has equal rights to the
whole system of liberties.  The general conception of justice is
one of fairness and those social primary goods such as opportunity,
income and wealth and self-respect are to be distributed equally 
Theory based on Equality and Respect - government must treat all
their citizens equally, and must intervene in order to advance the
general welfare
Theory based on the Dignity of man - this theory proceeds on the
premise that human rights means sharing values of all identified
policies upon which human rights depend on.  The ultimate goal of
this theory is a world community where there is democratic sharing
and distribution of values. All available resources are utilized to
the maximum and the protection of human dignity is
recognized.  This is better referred to as policy science approach

What are the circumstances that brought out the concept of human
rights in ancient history?
Rulers were despotic and tyrannical, and citizens rose against the
injustices that they have long suffered

What famous documents in history that contained concepts of human


rights? Briefly discuss each of these documents.

Magna Carta of 1215 – first English Constitution delivered by King


John, it guaranteed personal liberties and civil rights
Bill of Rights of 1689 – revolutionaries of England determined to
prevent arbitrary royal rule laid this down, this document
guaranteed freedom from cruel and unusual punishment and excessive
fines
 Bill of Rights 1776 – Americans revolting from the English, this
document asserted that all men by nature are fully free and
independent and have inherent rights such as enjoyment of life and
liberty, the means of acquiring and possessing of properties, and
obtaining happiness
Declaration of the Rights of Man 1789- by French revolutionaries,
this document declared that all men are born free and equal and
affirmed the inalienable rights of men.

Explain why human rights became an international concern.


The struggle for the respect of human rights was initially a
domestic or national issue, but the atrocities committed on mass of
people during World War II convinced international jurists that the
protection of human rights should be an international concern.

How was human rights introduced in the Philiipines?


Human Rights was introduced to the Philippines when Jose Rizal
wrote about the abuses of the Spanish authorities in his books and
he was executed for it.  Since 1896 the educated Filipinos were
already aware of the American and English Bill of Rights, and the
Malolos Constitution was adopted in 1899. It contained provisions
that guaranteed freedom from arbitrary arrest and detention,
freedom from searches and seizures, freedom to choose domicile and
freedom of religion.

What historical events in the Philippines prompted Filipinos to


protect and promote human righs?
Colonial Spanish regime – economic and class discrimination was
rife
Military Rule of Japan from 1942-1944
Martial Law of President Marcos

What consist of International Bill of Human Rights?


In Article II, Section 11, it reads “The State values the dignity
of every human person and guarantees full respect for human
rights.”  To implement this policy, the Commission on Human Rights
was created as a constitutional independent body under Article
XIII, Sections 17-19 of the Phil. Constitution.  This resulted to a
substantial decrease of number of violations among law enforcement
in the human rights, but there is still much to be done.  

Stated and explain the constitutional policy of Philippines on


human rights.
The new constitution (1987 Constitution) states that the State
values the dignity of every human person and guarantees full
respect for human rights.

Chapter III
The International Bill of Human Rights
What are the reasons why the reaffirmation of the fundamental human
rights was one of the main objectives of the organization of the
United Nations?
Ans: - Enforce equal human rights; “to reaffirm faith in
fundamental human rights and the dignity and worth of human person”
(UN Chaarter Preamble)
- Recognition and respect of human rights and freedoms not due to
discrimination
- to achieve “universal respect for an observance of human rights
and fundamental freedoms” 
* yan yung gist pero baka ipa-enumerate yung articles galing sa
UDHR na minention sa chap 3
What documents compose the International Bill of Human Rights?
Ans: United Nations Charter, Universal Declaration on Human Rights,
International Covenant on Economic, Social and Cultural Rights, and
International Covenant on Civil and Political Rights
Name some of the fundamental human rights ad explain each briefly.
Ans: - Equal Protection of rights - human beings must have equal
rights, no discrimination
- Right to life, liberty and property - 
- Right to Privacy - no arbitrary interference with his privacy,
family, home,  communications, correspondence
- Freedom of speech, expression and religion - inviolable right to
express one self unless justifiably limited by the government
What international instruments have been adopted to serve as
legally binding treaties on the countries that ratified them?
Ans: International Covenant on Economic, Social and Cultural Rights
and International Covenant on Civil and Political Rights - both
overseen by the UN
What are some of the hindrances or obstacles to the enforcement of
the human rights international instruments?
Ans: - War crimes
- authoritarian regimes headed by dictators
- Art. 2 par. 7 of UN Charter that gives no authority to the UN to
investigate  matters happening within the domestic jurisdiction of
the country/nation
What are the remedies to deal in the hindrances or obstacles in the
enforcement of human rights? Cite examples.
Ans: - implementing international treaties as local legislation

Chapter IV
Civil and Political Rights as Applied in the Philippines

What do you understand by civil rights? 


Ans: Civil rights are the rights which the law will enforce at the
instance of individuals without discrimination for the enjoyment of
their lives, liberty and means of happiness.
How is civil right distinguished from political right? 
Ans: Both are protected personal rights but political rights are
especially catering to the right to participate directly or
indirectly in the establishment or administration of government.
Political rights are rights to enable people to participate in
running the affairs of the government.
Why are these rights called “Negative Rights”? 
Ans: In answer to restraint the tyrannical government. 
Ex. “No one should be tortured”, “No one should be deprived of
freedom of expression”, “no one should be deprived of life”
Mention at least 3 basic civil rights and how they are applied in
Philippine society.
Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no
person, not even the state has the authority to take one’s ife)
- Right to Privacy - Art III Sec 3 (right to be free from
intrusions into certain  thoughts and activities)
- Freedom of expression - Art 3, Sec 4-5 (right to self-
determination)
Discuss at least 3 rights of a person who is accused of a crime.
Ans: - Right to be informed of the nature and cause of the
accusation against him
- Right to bail
- Right to meet the witnesses face to face
* remember Art III, Sec 14
What do you understand by the principle of “presumption of
innocence” of an accused person? What is the reason of such
presumption?
Ans: this means that an accused cannot be presumed to have
committed the charges against without the proof of guilt beyond
reasonable doubt. The accused cannot be imprisoned just based on
circumstantial evidence. The strict compliance with this is the
court’s policy on protecting an actually innocent person from going
to jail. 
What do you understand by the right of persons to peaceably
assemble? Are there limitations or restrictions to this right? 
Ans: “Peaceful Assembly” means the right of citizens to meet
peacefully for consultation in respect to public issues and to
petition the government for redress of grievance.
This right can be restricted on grounds of national security,
public order, the protection of public health or morals, or the
protection of the rights of others.

CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE PHILIPPINES

Briefly explain what is meant by economic, social and cultural


rights
They are the commitments of the state for opportunities to achieve
equality and distributive justice to its citizens such as the right
to food, clothing, housing and education. It included the right to
work with fair and just wages, decent working conditions, and
protection of the family to maintain the decent standard of living.

Why are these rights considered as “social welfare rights”


They are generally stated as positive undertakings or obligations
of the government to ensure economic well being of the people.

Why are these rights also called “Affirmative rights”


They are viewed as goals or aspirations that government should
provide for its citizens depending upon its resources.

What are the main purposes of the economic rights? Cite examples
and explain.
To promote high standard of living, full enjoyment and conditions
of economic and social progress and development.

What do you mean by social rights? Cite examples.


Social rights are those rights concerned with basic human needs.
Ex: 1. Right to development
      2. Right to self Determination
      3. Right of Workers to Self-Organization 
      4. Right to Work under Decent Living Conditions
      5. Right to Work in Third World Countries
      6. Right to Strike
      7. Right to Strike as Against Property Rights
      8. Right to Social Security 
      9. Protection of and Assistance to Family
      10. Right to Education and Development of Human Personality 
      11. Right to Students and Academic Freedom
      12. Participation in Cultural Life and Benefits of Scientific
Progress 
      13. Religious Education and Instruction
      14. Right to High Standard of Physical and Mental Health 

What do you mean by cultural rights? Cite examples and explain.


Rights that aim at assuring the enjoyment of culture and its
components in conditions of equality, human dignity and non
discrimination.
Ex: 1. Right to provide funds for the promotion of cultural
development
      2. Promotion of awareness and enjoyment of
the cultural heritage of national ethnic groups and minorities and
of indigenous peoples.
      3. Preservation and presentation of
mankind's cultural heritage
      4. Legislation protecting the freedom of artistic creation
and performance

Mention some provisions in the Philippine Constitution on Economic


rights, Social rights, and Cultural rights.
1. Art. XII on the National Economy and Patrimony
2. Art. XIII on Social Justice and Human Rights, Agrarian and
Natural Resources, Urban Land Reform and Housing, Health Women
3. Art. XIV on Education, Science and Technology, Arts, Culture and
Sports
4. Art. XV on the family

What are the obligations of developed and industrialized countries


towards Third World Countries on economic, social and cultural
rights?
State Parties are obliged to take steps, individually and through
international assistance and cooperation, especially economic and
technical, to the maximum of its available resources, with a view
to achieving progressively the full realization of the rights
recognized in the present covenant.
What is meant by “public interest and social litigation?”
It’s the actions or remedies to enforce and implement Economic,
Social and Cultural rights. Must be accessible to all people,
should be simple and at the minimum cost. Free from technical forms
of pleadings, rules of procedure in said cases should be relaxed
and socio-legal fact finding bodies should be appointed to
determine facts in issue.

How should the State comply with the Covenant on Economic, Social
and Cultural Rights?
By incorporating in their constitution most of the rights
enumerated in the International Covenant in Economic, Social and
Cultural Rights and implementation of it through social
legislation.

What is meant by Right of Development? Cite concrete examples.


Inalienable human right by virtue of which every human person and
all people are entitled to participate in, contribute to, and enjoy
economic, social, cultural and political development, in which all
human rights and fundamental freedoms can be fully realized.
Ex:  1. Economic prosperity
       2. Social, political and cultural empowerment
       3. Social reform
       4. Economic reform
       5. Agriculture reform
       6. Agrarian reform and natural resources
       7. Infrastructure development
       8. Governance and development financing

CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE SECTORS
Mention the persons or group of persons who are most vulnerable to
violations of human rights?
1. Women
2. Children
3. Youth
4. Indigenous Cultural Minorities
5. Muslim Population
6. Elderly
7. Disabled People
8. Mentally Disabled People
9. Prisoners and Detainees
10. Internally Displaced People
11. Migrant Workers
13. Urban Poor
14. Refugees and Stateless Persons
15. Laborers (Public, Private and Informal)
16. Rural Workers
17. Peasants and Fishermen
18. Houshelpers

What are the factors or reasons why they are vulnerable to


violations of human rights?
Due to their Origin, status and conditions.
Cite concrete examples of each sector.
1. Children (Children in Emergency Situations – Zones of Peace,
children recruited  in Warfare, Children in Conflict with the Law,
Child Labor ,Children of Migrant Workers, Children of Indigenous
Tribes  and Transnational Children, Children of Families with HIV,
Children of Refugees Children as House helpers)
2. Women (Rape, sexually abused and exploited women)
3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and
Special Youth)
 4. Elderly ( Senior Citizens, Abondoned elderly in home for the
aged, those belonging to poor families)
5. Disabled People  (Deaf, mute, blind, incompent, cripple, pwds)
6. Mentally Disabled People (  physically and sexually abused
persons)
7. Prisoners and Detainees (wrongfully convicted, juveniles)
8. Migrant Workers (OFWs)
9. Urban Poor ( street children,  families in urban areas with
incomes below the poverty line, slums)
10. Internally Displaced People
11. Laborers (Public, Private and Informal)
12. Rural Workers
13. Peasants and Fishermen (Agri workers)
14. Houshelpers (even children)

Cite the international instruments adopted to prevent or reduce the


violation of their human rights in vulnerable groups.
Universal Declaration of Human Rights, Convention on the Rights of
a Child, The Rules of the Protection for Non-Combatants under
Protocol I, Protection of victims of Non-international Armed
Conflicts Protocol II, Covenant on Civil and Political Rights,
Convention on Migrant Workers, Convention on Refugees, Covenant on
Social, Economic and Cultural Rights, Convention of Stateless
Persons, 

Cite local laws enacted to assist those whose rights are vulnerable
to human rights violations.
1. The Philippine Constitution
The Revised Penal Code 
The Labor Code
RA 7610 : Special Protection of Children Against Abuse,
Exploitation and Discrimination Act.
RA9262: Anti-Violence Against Women and Their Children Act of 2004
PD 60: Child and Youth Welfare Code 
RA:8353:Anti- Rape Law 
 RA 8505: Rape victim assistance and Protection Act 
RA 9775 : Anti-Child Pornography Act 
RA 10175: Cyber Crime Prevention Act 
RA 9995: Anti-Photo and Video Voyeurism Act 
RA 9208: The Anti-Trafficking in Persons Act of 2003 
Rules of the protection for Non-Combatants under Protocol I,
Protection of victims of non-international armed conflicts 
RA 9344:  Juvenile Justice and Welfare Act of 2006.
RA 7658: An Act Prohibiting the employment of Children below 15
years of age, 
RA: 9231: An Act providing for Elimination of the worst Forms of
Child Labor and affording Stronger Protection for the Working
Child 
RA 10361: Domestic Workers Act or Batas Kasambahay
RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS
THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

CHAPTER VII 
 DISCRIMINATION

1. What do you understand by discrimination? Cite concrete examples


to show discrimination.
Discrimination generally means the failure to treat everyone alike
according to the standards and rules of action. 
Examples: 
Racial Discrimination (Apartheid, Cultural Minorities, etc.) 
Sex Discrimination (Violence against Women, Political Rights of
Women IN THE PAST, Trafficking of Women and Prostitution, etc.)
Religious Discrimination (Religious discrimination in
education,etc.) 
2. What is the relation of discrimination to equality and dignity
of human beings?
In the field of human rights, discrimination is regarded as
particularly objectionable because it disregards fundamental
notions of human dignity and equality before the law.
3. Are there provisions in the United Nations Charter dealing on
discrimination? Cite and explain.
“Universal respect for an observance of human rights and
fundamental freedoms for all without distinction as to race, sex,
language or religion. These objectives are intended to promote the
creation of conditions and stability which are necessary for a
peaceful and friendly relations among nations based on respect for
the principle of equal rights and self determination of people.”
(Art. 55c)
4. What is the provision on the Universal Declaration of Human
Rights on discrimination?
The preamble of Universal Declaration of Human Rights emphasized
that “the equal and inalienable rights of each member of the human
family”. UDHR believed that the foundation of freedom, justice and
peace in the world will be achieved only through equal rights of
men and women.
“Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of
sovereignty.” (ART. 2)
5. Cite provisions in the Philippines Constitution prohibiting
discrimination. Cite some examples.
Cultural Minorities 
“The state shall recognize, respect and protect the rights of
indigenous cultural minorities to preserve and develop their
cultures, traditions, and institutions. It shall consider these
rights in the formulation of national plans and policies” (Art.
XIV, Sec. 17)

Women 
“The State recognizes the role of women in nation-building, and
shall ensure the fundamental equality before the law of women and
men” (Art. II, Sec. 14)

“The State shall protect working women by providing safe and


healthful working conditions, taking into account their maternal
functions, and such facilities and opportunities that will enhance
their welfare and enable them to realize their full potential in
the service of the nation” (Art. XIII, Sec. 14)

Religious Test
“No religious test shall be required for the exercise of civil or
political rights” (Art III, Sec. 5)
6. What particular groups of persons are usually discriminated
against? Why?
Groups that are usually discriminated are women, children,
cultural minorities, poor people and other vulnerable sectors.  It
is because they are the groups who lack knowledge about their
rights. They are perceived to be weak that doesn’t have the
capacity to fight for their rights.
7. What is meant by religious discrimination? Give examples.
Declaration on All Forms of Intolerance and of Discrimination
Based on Religion or Beliefs provides that in religious
discrimination, everyone should have the freedom of thought,
conscience and religion, that no one should be subjected to
coercion, which would impair his/her freedom to have a religion or
belief of his/her own choice. 
EXAMPLE:
Religious test in the exercise of civil or political rights
Impediment to marriage on account of religion
Refusal to admit student on account of religion
8. Have you observed in your community any form of discrimination?
Cite concrete examples and state why you consider them
discrimination.
Assistance given to poor people in government agencies, public
offices (NBI, NSO, LTO, etc,.)
ETC. 
9. In what ways are the economically disadvantaged discriminated?
Economically disadvantaged do not enjoy equal opportunities on the
availment of government services and resources. In spite of the
Land Reform Law, majority are still landless, suffering from the
landlord-tenancy relationship. Poor people are discriminated
against in many ways.

Chapter VIII
The Role of Non Governmental Organizations in the Promotion and
Protection of Human Rights

1. What do you understand by Non-Governmental Organizations (NGOs)


on Human Rights?
A non-governmental organization (NGO) is a not-for-profit
organization primarily created to promote and protect human rights.
They primarily participate in the United Nations on a Consultative
Status while the latter create charters and support human
rights.  Some NGOs like the International Red Cross protect human
rights by providing medical assistance, food and other basic needs
to victims of violations.

2. In what way are they recognized by the United Nations?


The United Nations recognize the role and importance of NGOs in the
protection of Human Rights through their charter, Article 71 states
"The Economic and Social Council may make suitable arrangements for
consultation with non-governmental organizations which are
concerned with matters within its competence."  This enabled the
council to consult NGOs on any activity involving the promotion and
protection of human rights.

3. Mention some international NGOs and state activities they are


engaged in on human rights.
Amnesty International focus on providing legal aid and assistance
victims of torture and those wrongly convicted of crimes.  Through
their website they also promote human rights by posting news that
promote awareness on human rights violations.

4. What do you mean by NGOs as Ombudsmen?


NGOs function as Ombudsmen, safe-guarding human rights and calling
the attention of the government on violations through periodic
reports, public statements participation in the deliberations
established by intergovernmental organizations
NGOs stimulate public opinions and initiation on the foundation of
foreign policy of countries on matters concerning the violation of
human rights.

5. Mention some of the NGOs in the Philippines and briefly discuss


their roles in protecting and promoting human rights.
Like Amnesty International, the Philippine Alliance of Human Rights
Advocates promote human rights by posting news and reports that
promote awareness of Human Rights violations.
The Medical Action Group, on the other hand, aside from posting
news and reports, the actively promote human rights by doing the
following.
Organize/mobilize necessary resources for health services.
Maintain a resource center including books, manuals, audiovisuals
and other educational materials pertaining to health and human
rights.
Publish a quarterly news magazine that carries news and information
on the health and human rights situation in the country and abroad.
Educate the beneficiaries on their right to health to help them
participate in shaping an alternative health care system.
Campaign for the abolition of torture as well as the welfare of the
other beneficiaries.
Conduct fact-finding missions, exhumations and autopsy to victims
of extrajudicial executions.
Monitor the health condition of workers in the picket line or
farmers on hunger strike.
6. In what way or ways do they help the Commission on Human Rights
on its monitoring functions?
The Commission on Human Rights is mandated to conduct
investigations on human rights violations against marginalized and
vulnerable sectors of the society, involving civil and political
rights.  To accomplish its functions, the CHR accept reports from
NGOs on violations of Human Rights.  Similar to the United Nations,
the CHR also consults NGOs to monitor and reinforce Human Rights.

7. What do you understand by "Development Aggression"?


Development Aggression is a term used by indigenous peoples to
refer to development projects that violate their human rights.
It refers to projects planned or progressed without free, prior and
informed consent from an impacted local community as required by
international law, such as in the United Nations Declaration on the
Rights of Indigenous Peoples.

8. In what way or ways does "Development Aggression" violate human


rights?
Development Aggression violates human rights because it displaces
communities from cultural lands rightfully theirs to another
location for the sake of infrastructure and other industrial
advancements
For example, the Lumad comprise the indigenous people living in
Southern Mindanao. They have become refugees in different parts of
the country as they flee from escalating violence, rape, harassment
and land-grabbing by mining and other business interests taking
over their territories.

Chapter IX
HUMAN RIGHTS EDUCATION

Q: What do you mean by Human Rights Education?


System used for Training, Dissemination and Information Efforts
aimed at building of universal culture of human rights.
Imparting of Knowledge and skills on the molding of attitude, which
direct towards the strengthening the people’s respect for human
rights.
Provides the understanding, tolerance, gender equality and
friendship among all nations including indigenous people and
racial, national ethnic, religious and linguistic groups.
Enables a person to participate effectively in a FREE society.
Q: What is the importance of Human Rights Education in the
Philippines?
People will know when they are already violating the right of
others.
People will know how they can protect, not only themselves but also
the rights of others.
People will become aware of the duties they owe to others.
People will know when they may turn to for help.

Q: What sectors of the Philippine society should be educated first


on human rights? Why?
Commission on Human Rights identified the following sectors that
should be educated on Human Rights, which are, Military Personnel,
Police Officers and other Law Enforcement Agencies. The reason
behind is that these government sectors are the most prone to the
violation of Human Rights. 

Q: How should human rights education be given to the barangays?


CHR institutionalized Barangay Human Rights Action Centers to
handle Human Rights education and enforcement within the community.
They are given basic program on Constitutional Provisions and Basic
Provisions of the International Instruments.

Q: Should human rights course be a part of the curriculum in


schools? Why?
Yes. Human Rights education should start at the grass root level.
Therefore, the best way to integrate it in our education system is
to include it in the curriculum of all learning institutions.
Moreover, the young ones are more expected to be receptive with
Human Rights education. 
Q: What methods are suggested for the teaching of human rights to
school students? To college students?To adult citizens in
barangays?
CHR Human Rights Module
Situational Example of Human Acts and how could there be possible
Human Rights Violation
Question and Answer

Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND LAW

Q: What do you mean by remedies for enforcement of human rights?


For every right, there must be an effective remedy. These remedies
are developed by the law making bodies in which people may use to
seek proper course of action in the event that their human rights
have been violated.

Q: What are the forms of remedies available to human rights victims


through:
United Nations Systems
Optional Protocol to International Covenant on Civil and Political
Rights adopted in 1966 (Ratified by the Philippines on August 22,
1989).
The International Covenant on Elimination of all Forms of Racial
Discrimination (Ratified by the Philippines on September 15, 1967).
Convention Against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment (Ratified on June 18, 1986).
1503 Procedure 
Through International Tribunals
International Criminal Tribunal for Violations of Humanitarian Law
International Criminal Court (ICC) Rome Statute
Through National or Domestic Tribunals
Governed by Local State Policies

Q: May an individual file complaint for violations of human rights


in United Nation bodies? Discuss.
Yes. An individual whose human rightwas violated may lodge his /
her complaint to the United Nation bodies in cases where the
respondent is the Government. Provided that the respondent
Government has ratified the Covenant and its Optional Protocol.
However, before an individual may lodge the complaint to the United
Nation bodies, he / she shall need to exhaust all the remedies
available in his / her local state policies. In the event that the
complainant is not satisfied with the local remedy, the HRC
established under the Article 28 of the Covenant will consider the
complaint together with the available evidence by both parties. 

Q: What are the remedies for gross violations of Human Rights?


An individual may lodge his/her complaint with the International
Criminal Tribunal 

Q: Briefly state the jurisdiction and functions of the


International Criminal Court.
The jurisdiction will only take effect after a state becomes a
party and after the entry into force of the Statute.
Only until then that the ICC can exercise its jurisdiction.
It has the power to try individuals who violated international
humanitarian law even if committed in an internal war. Examples
are:
Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently
the Ethnic cleansing in Yugoslavia.
The State Consent has no power in this jurisdiction. 
A Military commander shall be criminally responsible for the crimes
committed by a person pursuant to an order of the Government
Q: Are there Human Rights courts in the Philippines?
None. 

Q: Discuss the procedures on how a complaint for violation of Human


Rights in the Philippines is filed.
BHRAO (Barangay Human Rights Action Officer) receives and process
the complaints lodged by an individual before their office and is
the one responsible to asses should there indeed a Human Rights
Violation or within the jurisdiction of the CHR. Should there be a
cause established under the jurisdiction of the CHR, the
complainant will be asked to provide  documents and proofs for the
case. At this stage, the CHR may start its investigation of the
case. 
However, in any case CHR is empowered by the Constitution to
investigate on its own even in the absence of any complaint, a
Human Rights violation 

Q: Discuss the role of the Barangay in the enforcement of Human


Rights.
Barangay Officials being the governing bodies at the community
level are the ones who always receive complaints and disputes at
the initial stage prior to any intervention of higher agencies or
authorities. Together with the CHR and DILG, they have instituted
BHRAC, which empowers and systematize the Barangay system to handle
local disputes the proper way. 

Q: What is the role of the Philippine Commission on Human Rights in


the enforcement of Human Rights Laws? Cite concrete examples.
The Philippine Commission on Human Rights is a constitutional
mandate, which is tasked to ensure effective and efficient
enforcement of Human RightsLaws. It is responsible for the
Seminars, Trainings, Promotion, Dissemination and sustainability of
Human Rights education. One of the most significant accomplishments
of the agency is its Initiative to make a special Human Rights
Education System for Military, Police and other Law Enforcement
Agencies in which they were recognized by UN & UNESCO. Some of the
examples are:
Advocacy Courses on Human Rights and International Humanitarian Law
(HR – IHL)
Curricula for the Police / Jail personnel and Correction  
Officers.
Extensive Training Course for AFP, PNP, BJMP
Bi-Annual Publication of Human Rights Journal
Quarter release of Newsletter, Batingaw.
UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano,
Cebuano)
Featured Stories of CHR’s Accomplishments and Relevant News.
Tabloids, Magazines and Newspapers (published weekly)
TV Plugs including testimonies
Reproduction of Human Rights Sticker – “HR Protection Sticker”
Other materials featuring current human rights issues
Creative Dance Workshop for Children
Research Studies:
Enhancing GO – NGO Collaboration
Building alliance for Human Rights Legislation
HR-Social Reform for Disadvantageous Sectors including their
service providers.
Dispute Resolutions
Union Perspective
CHR – GO – NGO Collaboration towards monitoring Philippine
Government Compliance with International Treaty Obligations on
Human Rights.
Other may also cite Article XIII Section 18 of the Constitution –
CHR powers and function.
(1) Investigate, on its own or on complaint by any party, all forms
of human rights violations involving civil and political rights;

(2) Adopt its operational guidelines and rules of procedure, and


cite for contempt for violations thereof in accordance with the
Rules of Court;
(3) 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;

(4) Exercise visitorial powers over jails, prisons, or detention


facilities;

(5) Establish a continuing program of research, education, and


information to enhance respect for the primacy of human rights;

(6) Recommend to Congress effective measures to promote human


rights and to provide for compensation to victims of violations of
human rights, or their families;

(7) Monitor the Philippine Government’s compliance with


international treaty obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony


or whose possession of documents or other evidence is necessary or
convenient to determine the truth in any investigation conducted by
it or under its authority;
(9) Request the assistance of any department, bureau, office, or
agency in the performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by


law.

REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS TREATIES & LAWS


I. European Court of Human Rights
The European Court of Human Rights (ECtHR) is a regional human
rights judicial body based in Strasbourg, France. The Court began
operating in 1959 and has delivered more than 10,000 judgments
regarding alleged violations of the European Convention on Human
Rights.These are binding on the countries concerned and have led
governments to alter their legislation and administrative practice
in a wide range of areas. The Court's case-law makes the Convention
a powerful living instrument for meeting new challenges and
consolidating the rule of law and democracy in Europe.
The Court has jurisdiction to decide complaints (“applications”)
submitted by individuals and States concerning violations of the
European Convention on Human Rights, which principally
concerns civil and political rights.The European Court, or
“Strasbourg Court” as it is often called, serves a complementary
role to that of the European Committee of Social Rights, which
oversees European States’ respect for social and economic rights.

Jurisdiction
It cannot take up a case on its own initiative. Notably, the
person, group or non-governmental organization submitting the
complaint (“the applicant”) does not have to be a citizen of a
State Party.
However, complaints submitted to the Court must concern violations
of the Convention allegedly committed by a State Party to the
Convention and that directly and significantly affected the
applicant. As of March 2014, 47 States have ratified the
Convention. Some of these States have also ratified one or more of
the Additional Protocols to the Convention, which protect
additional rights.
To submit a complaint, an application form which is available
online must be filled out in its entirety and copies of all
relevant documents must be included along with the application,
which must be submitted by postal mail.

The Court's chamber decides both issues


regarding admissibility and merits of the case. Generally, both
these issues are dealt with in the same judgment. In final
judgments, the Court makes a declaration that a contracting state
has violated the Convention, and may order the contracting state
to pay material and/or moral damages and the legal expenses
incurred in domestic courts and the Courtin bringing the case. The
Court's judgments are public and must contain reasons justifying
the decision. Article 46 of the Convention provides that
contracting states undertake to abide by the Court's final
decision. On the other hand, advisory opinions are, by definition,
non-binding. The Court, under the Convention, has no jurisdiction
to annul domestic laws or administrative practices which violate
the Convention. 
The Committee of Ministers of the Council of Europe is charged with
supervising the execution of the Court's judgments. The Committee
of Ministers oversees the contracting states' changes to their
national law in order that it is compatible with the Convention, or
individual measures taken by the contracting state to redress
violations. Judgments by the Court are binding on the respondent
states concerned and states usually comply with the Court's
judgments.

Friendly Settlement
Prior to a decision on the merits, the Court will try to facilitate
the arrangement of a friendly settlement.  If a friendly settlement
cannot be reached, the Court will then deliver a judgment on the
merits.  In instances where the Chamber hearing the case decides to
issue an admissibility decision in conjunction with a judgment on
the merits, then the Parties may include information about friendly
settlements in the observation they submit to the Court.

Interim Measures
In exceptional cases, the Court may grant applicants “interim
measures,” which are designed to protect the applicant from further
harm while the case proceeds before the Court. Requests for interim
measures are only granted when there is an imminent risk of
irreparable harm such as death or torture. They are most often
granted in extradition and deportation cases.

47 Member States

II. National Human Rights Institutions


Human Rights institutions are administrative in nature in the
sense that they are neither judicial nor law-making. As a rule,
these institutions have advisory authority regarding national and
international human rights for the protection of nationals against
discrimination and protection of civil and other human rights. Such
institutions are created by legislation or decree.
Some countries create the Ombudsman with the primary function to
protect the rights of individual. The Ombudsman often act as an
impartial mediator between aggrieved individual and the government.
Based on the investigated complaints, the ombudsman makes a
recommendation addressed to the authority complained of and if the
recommendation is not acted upon, the ombudsman submits a report to
the legislature containing suggestions to resolve the complaint. 
Spain
Sweden
Switzerland
Macedonia
Turkey
Ukraine
United Kingdom

Ireland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Republic of Moldova
Monaco
Montenegro

Albania 
Andorra
Armenia
Austria
Azerbaijan
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Netherlands
Norway
Poland
Portugal
Romania
Russian Federation
San Marino
Serbia
Slovak Republic
Slovenia

Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Local Remedies in the Philippines
1. Commission on Human Rights (ART. XIII)
CHR Composed of:
Chairman
4 Members
Qualifications:
Natural-born citizen
Majority must be members of the Bar
Others provided by law
Powers & Functions:
Investigate violations of human rights
including civil and political rights. (Cariño v CHR)
Adopt operational guidelines
Provide appropriate legal measures for all persons within
Philippinesas well as Filipinos residing abroad.
Visitorialpowers over jails
Establish continuing program of research on human rights
Recommend to Congress effective measures of promotion of HR (EPZA v
CHR)
Monitor Government’s compliance 
Grant immunity from prosecution
Request assistance from any agency
Appoint its officers
Perform other functions

2. Writ of Amparo (A.M. No. 07-9-12 SC)


History
Writ of Amparo first appeared in the Constitution of Yucatan in
1841 then to Mexican Constitution of 1857. In 1971, former Justice
Adolfo Azcuna, then a delegate to the Constitutional Convention,
tried unsuccessfully to have the writ of Amparo incorporated in the
Constitution.He replicated his efforts as a member of the 1986
Constitutional Commission. Although the writ was not
constitutionalized, he succeeded in introducing a provision
granting the Supreme Court power to promulgate rules concerning the
enforcement of rights. In 2002, he was appointed to the Supreme
Court, and his effort initiated more than three decades ago paid
off when the court of last recourse adopted in 2007 the Rule on the
Writ of Amparo for the protection of the rights to life, liberty,
and security.

Legal Remedy for Human Rights Violation


The writ is a remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a
private individual or entity. It covers extralegal killings and
enforced disappearances or threats. The principal objective of its
proceedings is the initial determination of whether an enforced
disappearance, extralegal killing or threats thereof had transpired
—the writ does not, by so doing, fix liability for such
disappearance, killing or threats, whether that may be criminal,
civil or administrative under the applicable substantive law.The
filing of the petition does not suspend nor preclude the filing of
criminal, civil, or administrative actions.
The petition for the writ of Amparo is a special proceeding
governed by A.M. No. 07-9-12 SC. The rationale of the writ stems
from the most basic human right to life. The Covenant on Civil and
Political Rights and as recognized in the Philippine Constitution,
every person has the inherent right to life, liberty and security

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted by the UN General Assembly on Dec. 10, 1948


1st International recognition that human rights and fundamental
freedoms are applicable to every person
Not legally binding / not a treaty. It’s a moral obligation rather
than legal. 
Provisions:
Article 1: Right to Equality
Article 2: Freedom from Discrimination
Article 3: Right to Life, Liberty, Personal Security
Article 4: Freedom from Slavery
Article 5: Freedom from Torture and Degrading Treatment
Article 6: Right to Recognition as a Person before the Law
Article 7: Right to Equality before the Law
Article 8:  Right to Remedy by Competent Tribunal
Article 9: Freedom from Arbitrary Arrest and Exile
Article 10: Right to Fair Public Hearing
Article 11: Right to be Considered Innocent until Proven Guilty
Article 12: Freedom from Interference with Privacy, Family, Home
and Correspondence
Article 13: Right to Free Movement in and out of the Country
Article 14: Right to Asylum in other Countries from Persecution
Article 15: Right to a Nationality and the Freedom to Change It
Article 16:  Right to Marriage and Family
Article 17: Right to Own Property
Article 18: Freedom of Belief and Religion
Article 19: Freedom of Opinion and Information
Article 20: Right of Peaceful Assembly and Association
Article 21: Right to Participate in Government and in Free
Elections
Article 22: Right to Social Security
Article 23: Right to Desirable Work and to Join Trade Unions
Article 24: Right to Rest and Leisure
Article 25: Right to Adequate Living Standard
Article 26: Right to Education
Article 27: Right to Participate in the Cultural Life of Community
Article 28: Right to a Social Order that Articulates this Document
Article 29: Community Duties Essential to Free and Full Development
Article 30: Freedom from State or Personal Interference in the
above Rights

Impact or Significance: 
Forms part of customary international law
Cause Government to rethink/rewrite Constitution and acknowledge
the rights laid down by the UDHR
Adoption of International Covenants which are binding
International Agreements / Major Treaties or Convention
Reference of several laws and statutes across nations 

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS


(ICESCR)

Adopted by the United Nations General Assembly on 16 December 1966


and entered into force on 3 January 1976.
Second Generation Rights
One of the most important United Nations (UN) human rights
treaties  (multilateral treaty)
Crucial to enable people to live with dignity. CP and ESC:
Indivisible and interrelated 
Reliant on resources
5 Parts
Part 1 (Article 1) recognizes the right of all peoples to  self-
determination
Part 2 (Articles 2–5) establishes the principle of  "progressive
realization“
- It acknowledges that some of the rights (for example, the right
to health) may be difficult in practice to achieve in a short
period of time, and that states may be subject to resource
constraints, but requires them to act as best they can within their
means.
Part 3 (Articles 6–15) lists the rights themselves. These include
rights to work, under "just and favorable conditions", with the
right to form and join trade unions (Articles 6, 7, and 8); social
security, including social insurance (Article 9); family life,
including paid parental leave and the protection of children
(Article 10); an adequate standard of living, including adequate
food, clothing and housing, and the "continuous improvement of
living conditions" (Article 11); health, specifically "the highest
attainable standard of physical and mental health" (Article 12);
education, including free universal primary education, generally
available secondary education and equally accessible higher
education. This should be directed to "the full development of the
human personality and the sense of its dignity”, and enable all
persons to participate effectively in society (Articles 13 and 14);
participation in cultural life (Article 15).
Part 4 (Articles 16–25) governs reporting and monitoring of the
Covenant and the steps taken by the parties to implement it. It
also allows the monitoring body – originally the United Nations
Economic and Social Council – now the Committee on Economic, Social
and Cultural Rights to make general recommendations to the UN
General Assembly on appropriate measures to realize the rights
(Article 21)
Part 5 (Articles 26–31) governs ratification, entry into force, and
amendment of the Covenant.

ARTICLE III
BILL OF RIGHTS

FUNDAMENTAL POWERS OF THE STATE


- They belong to the very essence of government and without them no
government can exist. A constitution can only define and delimit
them and allocate their exercise among various government agencies.
A constitution does not grant them.
Police power: inherent and plenary power in the State which enables
it to prohibit all that is hurtful to the comfort, safety, and
welfare of the society
1. Lawful subject
2. Lawful mean
Power of eminent domain: the use of government of its coercive
authority, upon just compensation, to forcibly acquire the needed
property in order to devote the same to public use
Power of taxation: method by which contributions are exacted from
persons and property for the support of government and for all
public needs

PROTECTED RIGHTS
Right to life
The constitutional protection of the right to life is not just a
protection of the right to be alive or to the security of one’s
limb against physical harm. The right to life is the right to a
good life.
Right to property
Protected property includes all kinds of property found in the
Civil Code.

SECTION 1 – DUE PROCESS AND EQUAL PROTECTION


Substantive due process: prohibition of arbitrary rules
Procedural due process: guarantee of procedural fairness and a law
which hears before it condemns
Equal protection
** The equal protection clause is a specific constitutional
guarantee of the Equality of the Person. The equality it guarantees
is legal equality or, as it is usually put, the equality of all
persons before the law. Under it, each individual is dealt with as
an equal person in the law, which does not treat the person
differently because of who he is or what he is or what he
possesses.

SECTION 2 – WARRANTLESS SEARCHES AND SEIZURES


** The purpose of the provision is to protect the privacy and
sanctity of the person and of his house and other possessions
against arbitrary intrusions by State officers
Probable cause: such facts and circumstances antecedent to the
issuance of a warrant that are in themselves sufficient to induce a
cautious man to rely upon them
Probable cause for the issuance of a warrant of arrest: such facts
and circumstances which would lead a reasonably discreet and
prudent man to believe that an offense has been committed by the
person sought to be arrested
Probable cause for a search: such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in
connection with the offense are in the place sought to be searched
** Probable cause is concerned with probability, not absolute or
even moral certainty.
Personal examination
** What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the
existence of probable cause. The judge is not required to
personally examine the complainant and his witnesses and on the
basis thereof, issue a warrant of arrest. This means that what is
required is personal determination and not personal examination.
Particularity of description
** A search warrant may be said to be particularly describe the
thing to be seized when the description therein is as specific as
the circumstances will ordinarily allow and by which the warrant
officer may be guided in making the search and seizure.
** Its purpose is to prevent abuse by the officer enforcing the
warrant by leaving to him no discretion as to who or what to search
or seize.

SECTION 3 – PRIVACY OF COMMUNICATION AND CORRESPONDENCE


** The privacy right is but an aspect of the right to be secured in
one’s person.
** The privacy right is but an aspect of the right to be secured in
one’s person.

SECTION 4 – FREEDOM OF SPEECH


1. No prior restraint
2. No subsequent punishment
Prior restraint: official government restrictions on the press or
other forms of expression in advance of actual publication or
dissemination
Subsequent punishment: have the effect of unduly curtailing
expression
Chilling effect: the citizen would hesitate to speak for fear he
might be provoking the vengeance of the officials he criticized
Unprotected speech: libel and obscenity
** It has been observed that such utterances are no essential part
of any exposition of ideas, and are of slight social value as a
step to truth that any benefit that may be derived from them is
clearly outweighed by the social interests in order and morality

SECTION 5 – FREEDOM OF RELIGION


Non-establishment clause
** Neither the State nor the Federal Government can set up a
church. Neither can pass laws which aid one religion, aid all
religions, or prefer one religion over another. Neither can, openly
or secretly, participate in the affairs of any religious
organizations or groups and vice versa. The clause against
establishment of religion by law was intended to erect “a wall of
separation between Church and State.”
Free exercise clause
The absoluteness of the freedom to believe carries with it the
corollary right that the government, while it may look into the
good faith of a person, cannot inquire into a person’s religious
pretensions. The moment, however, belief flows over into action, it
becomes subject to government regulation.
Prohibition of religious test
The purpose of this provision, which is but a corollary of the
freedom and non-establishment clause, is to render the government
powerless to restore the historically and constitutionally
discredited policy of probing religious beliefs by test oaths or
limiting public offices to persons who have, or perhaps more
properly, profess to have a belief in some particular kind of
religious concept.

SECTION 6 – LIBERTY OF ABODE AND TRAVEL


** The liberty of abode may be limited only upon lawful order of a
court whereas the right to travel may be limited by administrative
authorities as may be provided by law in the interest of national
security, public safety or public health.

SECTION 7 – RIGHT TO INFORMATION


1. Right to choose a person’s abode
2. Right to travel both at home and going out of the country
** They are subject to such limitations as may be provided by law.
** The Ethical Standards Act prohibits public officials and
employees from using or divulging confidential or classified
information officially known to them by reason of their office and
not made available to the public.

SECTION 8 – FREEDOM OF ASSOCIATION


** The right to form associations shall not be impaired except
through a valid exercise of police power.
** It is therefore an aspect of general right of liberty. More
specifically, it is an aspect of freedom of contract; and in so far
as associations may have for their object the advancement of
beliefs and ideas, freedom of association is an aspect of freedom
of expression and belief.
** Government employees do not have a constitutional right to
strike.

SECTION 9 – POWER OF EMINENT DOMAIN


Power of eminent domain:power of the state to take private property
for public use upon payment of just compensation.
1. there is taking of private property
2. the taking must be for needed public use
3. there must be just compensation
** The power of eminent domain is possessed by the State and is
exercised by the national government.
Just compensation: the just and complete equivalent of the loss
which the owner of the thing expropriated has to suffer by reason
of the expropriation

SECTION 10 – CONTRACTS
** Not all impairment of the substance of a contract violates the
Constitution. A valid exercise of police power is superior to the
obligation of contracts.
** The government cannot prejudice private rights without due
process.

SECTION 11 – FREE ACCESS TO COURTS


** This constitutional provision is the basis for the provision of
Sec 17, Rule 5 of the Rules of Court allowing litigation in forma
pauperis.
** Those protected include low paid employees, domestic servants
and laborers. They need not be persons so poor that they must be
supported at public expense. It suffices that the plaintiff is an
indigent.
SECTION 12 – MIRANDA RIGHTS
1. Right to remain silent
2. Right to competent and independent counsel preferably of his own
choice
3. Right to be informed of such rights
Right to be informed
** When the Constitution requires a person under investigation to
be informed of his right to remain silent and to counsel, it must
be presumed to contemplate the transmission of a meaningful
information rather than just the ceremonial and perfunctory
recitation of an abstract constitutional principle.
** It is not sufficient for a police officer to just repeat to the
person under investigation the provisions of the Constitution. He
is not only duty-bound to tell the person the rights to which the
latter is entitled; he must also explain their effects in practical
terms.
** The right of the person under investigation to be informed
implies a correlative obligation on the part of the police
investigator to explain, and contemplates an effective
communication that results in understanding what is conveyed.
Right to competent and independent counsel
** The right to counsel is intended to preclude the slightest
coercion as would lead the accused to admit something false. This
constitutional right extends only to testimonial compulsion and not
when the body of the accused is proposed to be examined.
** This is a product of experience under the Marcos regime when the
military authorities used to make available to detainees only
counsel of the military’s choice, and presumably working also for
the interest of the military.
Waiver of rights
** These rights cannot be waived except in writing and in the
presence of counsel.
Torture, force, etc. prohibited
** Because they vitiate truth and because they are an assault on
the dignity of the person.

SECTION 13 – RIGHT TO BAIL


** Bail is awarded to the accused to honor the presumption of
innocence until his guilt is proven beyond reasonable doubt and to
enable him to prepare his defense without being subject to
punishment prior to conviction.
Bail: mode short of confinement which would, with reasonable
certainty, insure the attendance of the accused ay his trial and
usually takes the form of a deposit of money or is equivalent as a
guarantee of such attendance and which deposit is forfeited upon
failure to appear.
** No constitutional right when the following conditions concur:
the accused is charged with an offense punishable by reclusion
perpetua; and the evidence against him is strong.

SECTION 14 – RIGHTS OF THE ACCUSED


1. Due process in criminal cases
2. Presumption of innocence
3. Right to be heard
4. Right to counsel
5. Right to be informed
6. Right to speedy, impartial, and public trial
7. Right to meet witness face to face
8. Compulsory process
Presumption of innocence
** No person shall be convicted unless the prosecution has proved
him guilty beyond reasonable doubt.
Right to counsel
** This is a realistic recognition of the obvious truth that the
average defendant does not have the professional skill to protect
himself when brought before a tribunal with power to take his life
or liberty, wherein the prosecution is represented by an
experienced and learned counsel.
Right to be informed
** The object of the written accusation is to furnish the accused
with such a description of the charge against him as will enable
him to make his defense, to avail himself of his conviction or
acquittal for protection against a further prosecution for the same
course, and to inform the court of the facts alleged, so that it
may decide whether they are sufficient in law to support a
conviction, if one should be had.
** The complaint must contain a specific allegation of every fact
and circumstance necessary to constitute the crime charged.
Right to speedy trial
** The concept of speedy trial is necessarily relative and
determination of whether the right has been violated must be based
on the balancing of various factors. Length of delay is certainly a
factor to consider; but other factors must also be considered such
as the reason for the delay, the effort of the defendant to assert
his right, and the prejudice caused to the defendant,
Right to a public trial
** The purpose of this guarantee is to serve as a safeguard against
any attempt to employ our courts as instruments of persecution. The
knowledge that every criminal is subject to contemporaneous review
in the forum of public opinion us an effective restraint on
possible abuse of judicial power.
Right to meet witness face to face
** The right has a two-fold purpose: to afford the accused an
opportunity to test the testimony of the witness by cross-
examination and to allow the judge to observe the deportation if
the witness.
Waiver of rights
** Whenever a protection given by the Constitution is waived by the
person entitled to that protection, the presumption is against the
waiver. Consequently, the prosecution must prove with strongly
convincing evidence to the satisfaction of this Court that indeed
the accused willingly and voluntarily submitted his confession and
knowingly and deliberately manifested that he was not interested in
having a lawyer assist him during the taking of that confession.

SECTION 15 – PRIVILEGE OF THE WRIT OF HABEAS CORPUS


Writ of habeas corpus:a writ directed to the person detaining
another, commanding him to produce the body of the prisoner at a
designated time and place, with the day and cause of his caption
and detention, to do, submit to, and receive whatever the court or
judge awarding the writ shall consider in that behalf
Privilege of the writ of habeas corpus:right to have an immediate
determination of legality of the deprivation of physical liberty
Validity of the suspension
1. the existence of actual invasion or rebellion
2. public safety requires the suspension

SECTION 16 – SPEEDY TRIAL


** Speedy trial in Sec 14 covers only the trial phase of criminal
cases, whereas Sec 16 covers all phases of nay judicial, quasi-
judicial or administrative proceedings.

SECTION 17–RIGHT AGAINST SELF-INCRIMINATION


** It was established on the grounds of public policy and humanity.
Public policy: if the party were required to testify, it would
place the witness under the strongest temptation to commit perjury
Humanity: it would prevent the extorting of confession by duress
** Usually a crime or a criminal act may contain two or more
elements and that a question would have a tendency to incriminate,
even if it tends to elicit only one of said elements. The right
thus, includes a right to refuse to testify a fact which would be a
necessary link in a chain of evidence to prove the commission of a
crime by a witness.

SECTION 18 – INVOLUNTARY SERVITUDE


Involuntary servitude: every condition of enforced or compulsory
service of one to another no matter under what formsuch servitude
may be disguised

SECTION 19 – DEATH PENALTY


Guide
1. A punishment must not be so severe as to be degrading to the
dignity of human beings.
2. It must not be applied arbitrarily.
3. It must not be unacceptable to contemporary society.
4. It must not be excessive.
Heinous crimes: being grievous, odious, and hateful offenses and
which, by reason of their inherent or manifest wickedness,
viciousness, atrocity and perversity are repugnant and outrageous
to the common standards and norms of decency and morality in a
just, civilized and ordered society.
** The circumstances under which a specific law may allow the death
penalty may make it cruel and unusual under such law.
** Death penalty per se is not a cruel, degrading or inhuman
punishment. Punishment is so if it involves torture or a lingering
death; but the punishment of death is not cruel, within the meaning
of that word as used in the constitution. It implies there is
something inhuman and barbarous, something more than the mere
extinguishment of life.

SECTION 20 – DEBT AND POLL TAX


Debt: Any liability to pay money growing out of a contract, express
or implied.
** A person may be imprisoned for fraudulent debt only if the
fraudulent debt constitutes a crime and the debtor has been duly
convicted.
Poll tax:cedula tax or residential tax
** The Constitution does not prohibit the cedula tax but it
prohibits imprisonment for non-payment of the cedula tax.

SECTION 21 – DOUBLE JEOPARDY


First jeopardy terminated
1. by acquittal
2. by final conviction
3. by dismissal without express consent of the accused
4. by dismissal on the merits

SECTION 22 – EX POST FACTO LAW AND BILL OF ATTAINDER


** The ex post fcato clause prohibits only retrospective penal
laws.

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