Dungo, Paula Benilde D.

2019133218 / 2B
Human Rights Law Final Exam

Human Rights is an essential and an all encompassing component of Philippine law. They
protect all people from oppression and recognize the dignity in all man, which is why they
should be further strengthen and promote the same in the country

Bill of Rights
Article III of the 1987 Philippine Constitution contains the Bill of Rights. This contains
rights inherent in all persons in the Philippines that protect their life, liberty, and property. With
the changing times, and the evolution of culture and technology some of the rights embedded in
this article become vague and ambiguous.
Section 3 of this article talks about the privacy of communication. This covers the
security and privacy of mail, telephones, e-mail and other forms of communication. The law
clearly provides these forms of communications are inadmissible as evidence since they were
taken without consent, which is why this is an important human right. With the emergence of the
internet and social networking sites, there are now so many ways people can communicate with
one another which are easily recorded. Data is easily stored through technology such as cctv
cameras, voice recordings, smartphones, webcams and the like. The data gathered through
these devices may or may not be taken with consent of the people in them. This creates a
dilemma in identifying whether or not these forms of communications are covered under this
section of the Constitution. Drawing a line and clearly defining what constitutes such forms of
communications will enhance and further protect oppressed Filipino citizens from those who
wish to use the emerging technology against them.
In line with this, Section 4 of the Bill of Rights protects freedom of speech, a fundamental
human right which defines our country as that of being a democratic one. When the Constitution
was drafted, all assemblies must have been done in person, all opinions speaking out against
the government were done through newspapers and rallies, all of which need the person to
actually be there. Now that we have the internet, more and more people tend to use this
platform to voice their opinions. The battle on the streets is currently becoming a battle of who
has more supporters online. This platform is also used in redtagging citizens based on the
information they have on their social networking sites. Groups and pages on facebook easily
gather people who have similar woes against their government. The emergence of trolls who
create fake accounts and identities are rampant. With all these the right to freedom of
expression and speech becomes vague. Further defining what constitutes and violates these
freedoms, based on the current times will be beneficial in promoting and strengthening human
rights.
Commission on Human Rights
The Commission on Human Rights plays an important role in upholding and protecting
the human rights of the Filipino citizens. They have the power to independently monitor,
evaluate and advocate human rights in relation to proposed and existing national and local laws,
programs, actions and performance.
It is noted however that since the CHR is not judicial in nature, it can only do fact-finding.
It does not have the power to subject violators of human rights to the proper punishment or to
restrain them from acting.
Because of this dilemma, it becomes difficult to advocate human rights if the commission
is merely a data gathering office, and cannot further act. It would be beneficial if they had the
power to assist oppressed Filipinos by having a representative present the senate in the
formation of laws so that there is an assurance that human rights are upheld starting from the
root, where laws are made. The commission should also have agents in LGUs to ensure that
the implementation of these laws uphold human rights. Yes, there are remedies for enforcers of
the law who violate these rights, but prevention is better than cure. An agent of the office in
every LGU would better ensure that enforcers are always reminded of and are guarded in the
execution of the law.

Women’s Rights
Women are one of the most oppressed classes of people since time immemorial. There
has been so much clamor for equality amongst men yet they are always seen as inferior to the
latter. Yes, there are several differences between the sexes, but these differences should be
addressed to equal the playing field between the two.
There are so many single mothers in the Philippines. This is because men and women
do the deed, but when they become pregnant, men can so easily get out of it. Men so easily run
away from an unwanted pregnancy simply because they do not carry the babe. To address this,
laws must be passed where the father in an unwanted pregnancy is compelled to contribute to
the pregnancy expenses and later on the expenses in rearing a child, or at least sanctioned
when he abandons the mother. Sex is a two person act. The provider of the seed must be
equally responsible and hold the same consequences of the provider of the womb.
Aside from pregnancy, menstruation is also a difference between men and women.
Having monthly period is different for each woman. Frequently women suffer from
dysmenorrhea, which is the cramping of the lower abdomen. This hinders the woman from
performing her daily tasks. Women must be given a leeway for this. In their work for example,
they may opt to exchange a rest day for days they experience dysmenorrhea. There must be a
consideration for a natural occurrence where women have no choice but to experience it.

The victims in this case have not only been denied due process, but they were also
subject to torture. The mere fact that these people have been deprived of the right to liberty
does not automatically mean that they are devoid from the enjoyment of human rights.
Placing the victims behind a shelf without light or water constitutes torture. According to
the Anti-Torture Act of 2009 torture is an act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a
third person information or a confession; punishing him/her for an act he/she or a third person
has committed or is suspected of having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of any kind, when such pain or suffering
is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority
or agent of a person in authority. It does not include pain or Buffering arising only from, inherent
in or incidental to lawful sanctions. Furthermore, Section 4 of this law provides that there is
physical toruture inflicted when there is food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances not normally eaten. There is mental
torture inflicted through onfinement in solitary cells or secret detention places. This is further
expounded in Section 7 of the same law which provides that secret detention places, solitary
confinement, incommunicado or other similar forms of detention, where torture may be carried
out with impunity. Are hereby prohibited. Because of this law, the violators may be sanctioned.
The victims may also demand their release since they have denied the due process of
law when they were illegally detained without charges being filed against them. Aside from this
they may also seek indemnity for moral and exemplary damage due to their illegal detention.

First i would file for a writ of habeas corpus to compel the military to release the brothers
from wherever they may have detained them. This remedy is a court order demanding that a
public official such as a warden deliver an imprisoned individual to the court and show a valid
reason for that person's detention.
Then I would file for a Writ of Amparo to ensure the security of the victims and his family.
In the case of Secretary of National Defense vs. Raymond and Reynaldo Manalo which
contains similar facts to that of this case, the Supreme Court held that the right to security of
person is a guarantee of protection of one's rights by the government. In the context of the writ
of Amparo, this right is built into the guarantees of the right to life and liberty under Article III,
Section 1 of the 1987 Constitution and the right to security of person (as freedom from threat
and guarantee of bodily and psychological integrity) under Article III, Section 2. The right to
security of person in this third sense is a corollary of the policy that the State "guarantees full
respect for human rights" under Article II, Section 11 of the 1987 Constitution.

As a future member of the bar, I would want to be an advocate for abused women and
children specifically the poor. Among all classes of people, women and children are the most
oppressed because they do not have the power or the capacity to defend themselves.
Men, specially those belonging to the poor sector are those who usually earn money
while the women are responsible to take care of the children and their homes. There are
countless rape victims, battered wives, and abused children in this country. However when they
are so abused and want to fight back and seek justice, they cannot do so because they do not
have the means.
Being a woman who would have the capability to protect and defend those who are
oppressed, as a future member of the bar, I cannot simply stand by and allow the norm in this
patriarchal society to continue.