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Republic of the Philippines

BATANGAS STATE UNIVERSITY


Gov. Pablo Borbon Campus I
Rizal Avenue Extension, Batangas City

COLLEGE OF LAW
Bachelor of Laws

COURSE SYLLABUS WITH SPECIFICATION

UNIVERSITY VISION
A globally recognized institution of higher learning that develops competent and morally
upright citizens who are active participants in nation building and responsive to the
challenges of 21st century.

UNIVERSITY MISSION
Batangas State University is committed to the holistic development of productive citizens
by providing a conducive learning environment for the generation, dissemination and
utilization of knowledge through innovative education, multidisciplinary research
collaborations, and community partnerships that would nurture the spirit of nationhood
and help fuel national economy for sustainable development.

COURSE CODE: LAW 618


COURSE TITLE: HUMAN RIGHTS LAW
CREDIT UNIT: 2 units
PRE-REQUISITE: Constitutional Law 2
ACADEMIC YEAR: AY: 2019-2020, First Semester
REFERENCE LEBMO: LEBMO No. 5, Series of 2016 and LEBMO No. 1, Series
of 2011

PROGRAM EDUCATIONAL OBJECTIVES


The College of Law is steadfast in its vision of academic excellence. It is rigorous in the
maintenance of academic standards. It is likewise demanding when it comes to faculty
hiring. Thus, the faculty consists of trial judges, seasoned practitioners, and scholars, all
whom possess the work ethic of a competent and dedicated law professor. Just as Rome
was not built in one day, the Batangas State University College of Law is optimistic that,
guided by its vision of academic excellence, it will in due time produce competent and
socially responsible lawyers.

PHILOSOPHY
Study focused on the aspects of protecting, defending and seeking redress for violations
of human rights in the Philippines

AUDIENCE
The audience is Second Year Students in the College of Law.

STUDENT OUTCOMES

Student Outcomes

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a. Develop clear understanding of basic principles, rules and doctrines 
b. Define and access information needs; assess and organize information 
and knowledge; produce, share, and utilize information and knowledge
c. Apply the basic principles, rules and doctrines to hypothetical and 
actual cases
d. Demonstrate effective lawyering skills 
e. Conduct legal research 
f. Adhere to ethical standards and practices
g. Know and practice rights and responsibilities and accountabilities in
the legal profession
h. Engage in lifelong learning and understanding of the need to keep 
abreast of the developments in the legal profession
i. Effectively communicate orally and in writing using both English and
Filipino
j. Recognize professional, social and ethical responsibility 

INTENDED LEARNING OUTCOMES


1. Define basic principles, rules and doctrines on human rights;
2. Identify and discuss concepts in Philippine Human Rights law;
3. Apply these basic principles, rules and doctrines to hypothetical and actual cases;
and
4. Analyze provision of laws and jurisprudence.

RELATIONSHIP TO STUDENT OUTCOMES


Mapping of Intended Learning Outcomes vs Student Outcomes

Intended Applicable Student Outcomes


Learning a b c d e f g h i j
Outcomes
ILO 1       
ILO 2       
ILO 3       
ILO 4       

SPECIFIC OBJECTIVES
Topics ILO 1 ILO 2 ILO 3 ILO 4
 Concept of Human Rights    
 Commission on Human Rights    
 International and Domestic Laws on HR    
 HR Situation of Vulnerable Sectors    
 Monitoring Systems    
 Remedies and Procedures HR abuses or    
violations
 Preventive measures    

TEACHING, LEARNING AND ASSESSMENT STRATEGIES

Teaching and Learning Strategies

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All classes will be conducted through a healthy mix of the Socratic method recitation,
workshop, and a practical application of the laws which may include the use of social
media that may be deemed appropriate to facilitate a better understanding of the course.

Law School is a professional school. Students must come to class prepared to recite the
assignments for the day. Soft copies of the Supreme Court decisions for discussion may
be downloaded from http://sc.judiciary.gov.ph, www.lawphil.net or the website of Chan
Robles.

Assessment Strategies
Students’ level of comprehension of the lessons would be assessed every meeting through
the conduct of regular recitation and would be further tested by the conduct of quizzes,
midterm exam and final exam.

COURSE REQUIREMENTS
1. Written Paper– Students in groups of 2 will be required to submit their written
report of not more than 10 pages on a topic to be announced in class. The written
paper must be submitted on or before the last day of classes. Late submission
will not be given any credit.

2. Recitation – Every meeting or class day, students will be called randomly to recite
on the provisions assigned for the day. In case the student is called, but he is
absent then he will be given a grade of “5” for that day.

3. Quizzes – Quizzes may be given on topics or cases assigned for the day or for
topics discussed in previous sessions. Generally, quizzes, surprise or otherwise,
will be given at the start of the class.

4. Mid-term exam – The Mid-term exam is a two (2) hour exam to be given on the
date assigned by the College for the class exam. It is a comprehensive exam
testing the ability of the student to apply the knowledge of the law in practical
situations. It will also include objective type of questions.

5. Final Exam – The final exam is a two (2) hour exam to be given on the date
assigned by the College for the class exam.

6. Attendance – The allowable number of absences depends on the university policy.


Those absent for beyond the allowable meetings by Mid-Term exams shall be
dropped automatically.

Bonus: A student with perfect attendance for the entire semester shall be entitled to an
additional three (3) percentile points on his grade such that if a student has a computed
grade of 85% based on the breakdown abovementioned, he/she will have a final grade of
88%.

7. Missed Exams - No student is excused from taking the midterm and final exams. The
only exceptions are death within the immediate family and sickness by the student, as
supported by the death certificate or medical certificate to be submitted to the professor at
least one day before the scheduled date of exam.

8. Consultation - Students may communicate with the professor for consultation via
email at attyeram@gmail.com.

9. The final grade will be determined as follows:

Quizzes 20 %

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Recitation 15 %
Written Paper 15 %
Midterm Exams 25 %
Final Exams 25 %
100 %

COURSE POLICIES

Grading System

The work of students shall be graded at the end of each term in accordance with
the following system:

Numerical Grade Percentage Equivalent Description


1.00 98-100 Excellent
1.25 94-97 Superior
1.50 90-93 Very Good
1.75 88-89 Good
2.00 85-87 Meritorious
2.25 83-84 Very Satisfactory
2.50 80-82 Satisfactory
2.75 78-79 Fairly Satisfactory
3.00 75-77 Passing
5.00 Below 75 Failure
Inc. *Incomplete
Drp Dropped

Students who will get a grade of 70-74 must be given a removal examination. A
grade of “3.0’ will be given to those who will pass the removal examination and those
who will fail will be given a grade of “5.0”.

*A grade of “Incomplete” must be complied with by the student within one (1)
semester or one hundred fifty (150) days. A student who fails to complete the
deficiency/deficiencies at the end of the succeeding semester shall automatically obtain a
grade of 5.0 in the course.

Attendance Policy

Prompt and regular attendance of students is required. Total unexcused absences


shall not exceed ten (10) percent of the maximum number of hours required per course
per semester (or per summer term). A semester has 18 weeks. For example, a semestral
subject with :
 3 units (3 hrs lec), 10% x 3 x 18 = 5.4 hrs or 6 hrs.
 3 units (2 hrs lec, 3 hrs lab), 10% x 5 x 18 = 9 hrs.
 5 units (3 hrs lec, 6 hrs lab), 10% x 9 x 18 = 16.2 hrs or 16 hrs.

Please refer to the provisions in the Norms of Conduct for the full text of
guidelines for the attendance.

Missed Exams
In the event a student will miss any of the course requirements, he is solely responsible
for all the course materials/requirements taken in his absence. As a policy of the course,
make-up examination is not given. Grade for the missed major examination due to valid
justification(s) may be considered for a make-up examination.

Academic Dishonesty

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Academic dishonesty includes acts such as cheating during examinations or
plagiarism in connection with any academic work. Such acts are considered major
offenses and will be dealt with according to the University’s Student Norms of Conduct.

Dropping

Dropping must be made official by accomplishing a dropping form and


submitting it at the Registrar’s Office before the midterm examination. Students who
officially drop out of class shall be marked “Dropped” whether he took the preliminary
examination or not and irrespective of their preliminary grades.

A student who unofficially drops out of class shall be given a mark of “5.0” by
the instructor.

ACADEMIC INFRASTRUCTURE

References

The reference books prescribed are the following:

1. “Human Rights Law, Human Rights Culture” by Rene V. Sarmiento 2017


edition
2. “Hornbook on International and Philippine Human Rights Laws” by Atty.
Pepital Jane A. Petralba 2013 edition

(n.b. Other reading materials are indicated below)

COURSE OUTLINE/CALENDAR

I. INTRODUCTION TO HUMAN RIGHTS


1. Concept and History
2. Definition

Constitutional Provisions
United Nation’s Definition

“The Old Struggle for Human Rights, New Problems Posted by Security”
Speech delivered by Chief Justice Reynato Puno on April 18, 2007 see
http://cpcabrisbane.org/Kasama/2007/V21n3/ReynatoPuno.html

Henry Steiner, Philip Alston and Ryan Goodman, International Human Rights
in Context Law Politics Morals (OUP, Oxford, 3rd ed, 2008) (Pages 132 to
148 http://lib.ysu.am/close_books/311366.pd)

United Nations Charter


Universal Declaration of Human Rights

3. Characteristics

4. Sources of Human Rights

A. Theories of Sources

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i. Religious or Theological Approach
ii. Natural Law Theory
iii. Historical Theory
iv. Functional or Sociological Approach
v. Positivist Theory
vi. Marxist Theory
vii. Theory Based on Equality and Respect of Human Dignity
viii. Theory Based on Justice
ix. Theory Based on the Dignity of Man
x. Utilitarian Theory

Assignment: Research on the different theories on the sources of human


rights as mentioned above. In at least 5 pages (8x11 paper double space, font
12 Times New Roman), discuss each theory by identity the basis or principle
and the proponents behind each theory. (submission TBA)

B. Sources
i. Domestic

1. Constitution, Articles III and XIII

2. Statutes

a. R. A. No. 9745
b. R.A. No. 9851
c. R. A. No. 10353
d. R.A. No. 10368

3. Supreme Court Issuances

Rule on the Writ of Amparo


Rule on the Writ of Habeas Data
Rule on the Writ of Kalikasan

4. Supreme Court Decisions

ii. International

International Agreements
International Customary Law
Jus cogens
Obligatio Ergo omnes
Actio Popularis
Incorporation Clause
Judicial decisions and teaching

Universal Declaration on Human Rights


International Convention on Civil and Political Rights
(https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx)

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International Covenant on Economic, Social and Cultural Rights Other
Treaties
(https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx)

Kuroda v. Jalandoni GR No. L-2662 March 26, 1949

5. First, Second, Third and Fourth Generation of Human Rights

Orquiola v. Tandang Sora Development Corp. 386 SCRA 301 (2002)


Stonehill v. Diokno 20 SCRA 383 (1967)
Gov’t of Hongkong v. Olalia GR No. 153875 April 19, 2007
Rubi v. Provincial Board of Mindoro 39 Phil. 660
U.S v. Bustos 37 Phil. 731
Disini v. Secretary of Justice GR No. 203335 Feb 18, 2014
Araullo v. Aquino III GR No. 209287 July 1, 2014
Diocese of Bacolod v. COMELEC GR No. 205728 Jan 21, 2015

JMM Promotions and Mgt Inc. v. CA 260 SCRA 319 (1996)


Bernardo v. NLRC GR No. 122917 July 12, 1999
Calalang v. Williams 70 Phil 726 (1940)
Phil. Merchant Marine School, Inc. v. CA 244 SCRA 770 (1995)
MMDA v. Concerned Residents of Manila Bay GR Nos. 171947-48 Dec
18, 2008
Tablarin v. Gutierrez 154 SCRA 730
Miriam College Foundation v. CA GR No. 127930 Nov 15, 2000
SSS Employees v. CA 175 SCRA 638 (2012)

Villegas v. Subido 109 SCRA 1


People v. Leachon G.R. No. 108725 September 25, 1998
PT & T v. NLRC G.R. No. 118978 May 23, 1997
Philippine Association of Service Exporters v. Drilon 163 SCRA 386
Villavicencio v. Lukban 39 Phil. 778

http://www.unrisd.org/TechAndHumanRights-Soh-et-al

https://www.weforum.org/agenda/2016/01/the-fourth-industrial-
revolution-what-it-means-and-how-to-respond/

https://www.law.muni.cz/sborniky/dny_prava_2009/files/prispevky/tvorba
_prava/Cornescu_Adrian_Vasile.pdf

(REPORTING ON THE 4 GENERATIONS OF HR)

II. Commission on Human Rights

1. Mandate, Powers, and Functions

Sections 17, 18 & 19 Article XIII 1987 Constitution


III. Philippine Laws

a. Rights of the Child

i. RA 9344
ii. RA 7610

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iii. RA 9321
iv. RA 9975
v. RA 1064
vi. RA 11148
vii. RA 11037
viii. RA 11036
ix. RA 10821
x. RA 10666
xi. RA 10410

b. Rights of Women
i. RA 9262
ii. RA 8972
iii. RA 11036
iv. RA 10354
v. CEDAW

c. Rights against Torture and Enforced Disappearance

i. RA 9745
ii. Writ of Habeas Corpus
iii. Writ of Amparo

Rubrico v. Macapagal Arroyo 613 SCRA 233 (2010)


Navia v. Pardico 673 SCRA 618 (2012)
Canlas v. Napico Homeowners Association 554 SCRA 208 (2008)

d. Human Rights Reparation and Recognition Act of 2013 (RA 10368)

IV. Human Rights Situation of Vulnerable Sector

a. Rights of Children and Youth


b. Juvenile Justice
c. Elderly Sector
d. People with Disability (PWD)
e. Mentally Disabled Persons
f. Prisoners/Detainees
g. Migrant Workers
h. Laborers
i. Household Helpers
j. Refugees
k. Stateless Persons
l. LGBT Rights
m. Indigenous Communities
n. Cyber Crime
o. Climate change

V. Monitoring Systems
a. Charter Based
b. Treaty Based
i. Human Rights Committee

VI. Remedies and Procedures for Responding to Human Rights Violations And
Human Rights Abuses

VII. Preventive Mechanisms in the Field of Human Right

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Week Topic/s References
1 Introduction to Human Rights See above
2 Introduction to Human Rights See above
3-4 Introduction to Human Rights & CHR See above
5 Preliminary Examination See above
6 Philippine Laws See above
7-8 Philippine Laws See above
9 Midterm Examination See above
10-12 Situation of Vulnerable Sectors See above
13 Semi-final Examination See above
14-15 Monitoring systems See above
Remedies and Procedures to HR See above
16
violations
17 Preventive mechanism See above
18 Final Examination See above

Prepared by:

____________________
Atty. Ethel A. Malabanan
Part-time Professor
Date Signed:

Reviewed and Approved by:

____________________
Atty. Edgard E. Valdez
Dean, College of Law
Date Signed

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