Society is a group of individuals living in a community while the

government is a system or a group of people governing an organized

community, often a state. It is a system of people, laws and officials that
define and control the country that you live in. The regulation, restraint,
supervision, or control which is exercised upon the individual members of
an organized jural society by those invested with the supreme political
authority, for the good and welfare of the body politic; or the act of
exercising supreme political power or control. A government is one of the
elements of the state alongside people, territory and sovereignty. Society
needs a government for order and survival. There is a close relationship
between those who govern and the governed. The authority of our
government permeats into our society. It is a complex relationship that
affects all aspects of the life of the governed.

In order for the authority of the government to be known, laws and

regulations are passed and implemented. In all modern states,
governmental functions have greatly expanded with the emergence of
government as an active force in guiding social and economic
development. The governments also preserves the order of our society,
defends the people against external enemies, manage economic
conditions, redistribute income and resources, administers justice and
provide public goods that play a cruicial role in providing for the general
public. Nevertheless, the most important function of the government is the
protection of our civil liberties. It is tasked to preserve and safeguards the
basic rights and liberties guaranteed by the Constitution to all the individual
members of the society. However, there are also those rights that is not
guaranteed by our state necessarily spring from being a member of the
human species.

Human rights are those rights that exist because of our very humanity.
These rights are not limited by political beliefs nor pertain to certain
economic or social rights of a particular and exclusive group of people. The
state does not give these rights, for they are inherent in all of us. It
transcends nationalities and is non-derogable from the moment we are
born. A government must control the people it seeks to govern and protect
but its must also recognize that the people have rights and freedom that
are inherent in them and cannot be taken away. The state must
acknowledge that it is their duty to see to it that it that rights are
continuously enjoyed by the people. There must be a delicate balance
between the government’s authority to rule and the entitlement of the
people to their inherent rights. We are a nation that is governed by laws
and not of men. Rule of law must be strictly observed. Rule of law is
preeminent and can serve as a check against abuse of power. Laws must
not be a tool for the government for oppression. State-agents must see to it
that it governing its people, human rights must not be unduly encroached.
According to Petralba, Human rights law is a broad field, and includes not
only the relationship between men and government, or the civil and political
rights of the people, but extends as well to their economic, social and
cultural rights, to the right to development and peaceful and clean
environment where they could develop in all facets as human beings. It
covers every individual and does not operate to protect exclusively only to
a particular group of people. Both private individuals and public officer have
the duty to respect each other’s rights. A genuine Rule of Law is one where
it promotes and respects human rights. The welfare of the people is the
supreme law of the land.

Human rights protect the essential elements and areas of a human

existence, which are necessary for survival and for life as a human being.
Human rights are those rights that belong to everyone as a member of the
human race, regardless of skin color, nationality, political convictions or
religious persuasion, social standing, gender or age. Every individual
possesses human rights. They are subjective rights because the right-
holders of human rights are individuals, not collectivities. Human rights are
rights with a certain complexity because they are at the same time moral,
legal, and political rights. In their legal dimension, human rights are part of
a legal system and individuals living in this legal system are entitled to
these rights. They are ‘legal entitlements of individuals against the state or
state-like entities, guaranteed by international law for the purpose of
protecting fundamental needs of the human person and his/her dignity in
times of peace and war’. The legal dimension of human rights is a positive
achievement of human history as the international community found a
consensus in the Universal Declaration of Human Rights of 1948 and
created and ratified a human rights system in subsequent years. One can
see a progress in the tradition of human rights from philosophical ideas of
human rights to the implementation of the philosophical ideas of human
rights on a national level with its obvious, initiating the implementation of
human rights on a universal level through Universal Declaration of Human
Rights of 1948, the UN human rights treaty body system and regional
human rights mechanisms. One can see a progress which the tradition of
human rights experienced in their incorporation in the legal dimension for
the process of their realization. Human rights are now legally defined, know
a legal framework and are enforceable. Institutions like the UN Human
Rights Council in Geneva, the UN Treaty Body System, … are elements of
the realization of the idea of human rights and can enhance the fulfillment
of human rights. They show that human rights are a concrete reality, not an
illusion. Human rights are legal reality in all parts of the world. Human rights
legal mechanisms, instruments and human rights institutions give the idea
of the protection of human dignity embodied in human rights. Human rights
gain weight and power when they become part of a particular legal system ,
for example, of a national legal system through a democratic process, as
they are then enforceable by law more directly and democratically
legitimated.

The Philippines has numerous participation in upholding human rights in

the international playing field. It is a member of the first United Nations
Commission on Human Rights. It was also responsible for drafting the
Universal Declaration of Human Rights which is the first document to
embody the aspirations of states for a world community based on
recognition and respect of human rights. It is also one of the original 48
countries who adopted UDHR. The Universal Declaration of Human Rights
(UDHR) is a milestone document in the history of human rights. It
recognizes the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and
peace in the world. As a signatory to the UDHR, the Philippines then
declares an understanding and adherence of these fundamental and
inalienable rights to its population. The Philippines has adhered to the
UDHR through the Bill of Rights, and continued to create laws and policies
that cater to a specific sector, like the Labor Code and the Indigenous
Peoples' Rights. It is also a signatory of these treaties including the
International Convention on Economic, Social and Cultural Rights and the
International Convention on Civil and Political Rights. To date, the country
has ratified all core human treaties, except one which is the International
Convention for Protection of All Persons from Enforced Disapperance.
Human rights are both rights and obligations, according to the UN. The
government – is obliged to “respect, protect, and fulfill” these rights as they
are the guarantor of these rights. It must not end in just signing a mere
scrap of paper. The state at all times should take measures to ensure that
there is an effective enforcement of every individual’s human rights in their
own borders. The state has the obligation and responsibility to see to it that
both state actors and non-state actors be held liable in case of human
rights violations. The state must not be the one do oppressive acts. Their
actions must not subvert the law and most importantly must conform to
constitutional limitations and respecting the inherent rights of all its people.
Respect means that the state is committed that no law should be made to
interfere or curtail the fulfillment of the stated human rights. Protecting
means that human rights violations should be prevented and if they exist,
immediate action should be made.

The Philippines also adopts the generally accepted principles of

international law as part of the law of the land. State values the dignity of
every human person and guarantees full respect for human rights. These
are principles that are contained in our 1987 Constitution.The Commission
on Human Rights (CHR) was created to primarily handles the
investigations of human rights violations. However, it has no power to
resolve issues as stated in the Supreme Court decision in 1991.The
Commission is mandated to conduct investigations on human rights
violations against marginalized and vulnerable sectors of the society,
involving civil and political rights. Aside from investigations, it also provides
assistance and legal measures for the protection of human rights guided by
Section 18 Article XIII of the Philippine Constitution.The Philippines,
acknowledging the various rights and obligations under different
mechanisms for protection of human rights law whether locally or
internationally, had taken measure to ensure compliance with such.

The rights to food, housing and medical are the three most basic rights
of human beings. These are “positive rights” which the states needs to
ensure that these rights are not denied to its citizens. According to Art 25 of
the UDHR which states that “everyone has the right to a standard of living
adequate for the health and well-being of himself and his family.” Art 12 of
the ICESR also states that, “The state parties to the present covenant
recognizes the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health. Through this, The Senate approved
the Universal Health Care (UHC) bill seeking to give all Filipinos access to
health care coverage and services. Senate Bill 1896 or the Universal
Health Care for All Filipinos Bill seeks to automatically enroll Filipinos into a
“National Health Insurance program,” under which membership will be
either contributory, meaning those who can pay health premiums, or non-
contributory, or those sponsored such as senior citizens and indigents. It is
established to provide all Filipinos primary health care. Both public and
private health services providers will also take part in ensuring all Filipinos
will have a primary care provider team. The bill also seeks to improve the
doctor-to-patient ratio and increase the number of hospital beds and
equipment. It also calls for the establishment of hospitals in remote areas.
Currently, the Department of Health recorded doctor-to-patient ratio at 1
doctor to 33,000 people while bed to population ratio was at 1 bed to 1,121
people. The bill by providing Universal access to quality health services for
all Filipinos will better promote the right to health of all Filipinos.

The state must also establish programs and infrastructures that spurs
activities and opportunities for its citizens. The Philippines suffers from
unemployment and poverty because of poor infrastructure. Since 2011, the
country’s growth has been shallow and far from comprehensive, leaving
high levels of unemployment, poverty and hunger relatively untouched.
According to a report by academic Richard Javad Heydarian, Infrastructure
is clearly the country’s Achilles’ heel. Thus, President Duterte initiated the
“Build, Build, Build” (BBB) Program, which seeks to accelerate
infrastructure spending and develop industries that will yield robust growth,
create jobs and improve the lives of Filipinos. Public spending on
infrastructure projects is targeted at P8 to 9 trillion from 2017 to 2022. Key
infrastructure projects under the Program include: (a) the Subic-Clark
Railway; (b) the North-South railway projects connecting Los Baños,
Laguna to Tutuban, Manila and Clark Freeport in Pampanga; and (c) a
1,500-hectare industrial park in Clark, Pampanga; and (d) an expanded
Clark International Airport also in Pampanga.Other projects were: (a) four
energy facilities; (b) 10 water resource projects and irrigation systems; (c)
five flood control facilities; and (d) three redevelopment programs.
President Duterte in his State of the Nation Address said that “Human
rights to me means giving Filipinos, especially those at the society’s
fringes, a decent and dignified future through social and physical
infrastructures necessary to better their lives.” The the Build, Build, Build
Program promotes the country’s economic growth that is felt by all. It urges
to provide ways and means that ensure access to food, housing,
healthcare regardless of wealth or status in life.

The Philippines also adopted laws to ensure compliance with the

obligation to uphold human rights. Art 4 of the UDHR and Art 8 of ICCPR
also provide that “slavery and slave trade shall be prohibited in all their
forms.” The Philippine laws on slavery and other forms of slavery are in Art
272, 273 and 274 of the Revised Penal Code and Republic Act 9231 on the
Elimination of Worst Forms of Child Labor, Republic Act 9775 against Child
Pornography and Republic Act 9208 against Trafficking in Persons. These
laws serves as a deterrent for violations and penalizes violations of our
right against slavery. The Philippines definition of trafficking is more treaty
compliant for it includes force, fraud and coercion. Art 5 of UDHR and Art 7
of ICCPR states that “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. This right is non-
derogable. The Philippines has passed Republic Act 9745 otherwise known
as the “Anti-Torture Act of 2009”. Art 26 of the UDHR and Art 13 of the
ICESCR recognizes the right of everyone to education. The Philippines has
long complied with the MGG goal on free elementary education. In most
barangay in the country, there is free secondary education. Republic Act
10157 was passed providing for the implementation of the free universal
kindergarten program for all public schools. Art 12 of the UDHR also
provides for our right to privacy. The Anti-Wiretaping Law of the Philippines
disallow evidence gathered from violation of privacy and punishes the
offender. The Secrecy of Bank Deposits Law also protects undue intrusion
into the bank information of a person. However the Anti-Money Laundering
Act (AMLA) allows inquiry into the financial information of a person when
there is an allegation of the commission of “predicate offenses”. In the case
of a public official, the Code of Conduct requires that he divulges his
financial information in his Statement of Assets and Liabilities (SALN). The
Philippines also passes RA 10173 or The Privacy Protection Act, in order to
penalize those who pass confidential information of persons gathered in
course of transaction. These are just some of the human rights initiate of
our government to the enforcement and preserving our fundamental human
rights.

However, the present situation of the Philippines takes on the

centerstage our right to life and uhuman rights law. The present
administration campaigned on a promise that advocated violent measures,
including killings of criminal suspects, to “solve drugs, criminality, and
corruption in three to six months of taking office.” Since taking office in
June 2016, Duterte’s “war on drugs” includes the killing of thousands of
people by police who claim to be acting in self-defense and unidentified
gunmen. The killings, [for which few details are known and no efforts are
made at accountability carried out by police and others operating with state
protection, have been a profound setback for human rights and the rule of
law in the Philippines.