HUMAN RIGHTS

HUMAN RIGHTS DEFINITION

-HUMAN RIGHTS are the rights that all people have by virtue of being human beings.
-HUMAN RIGHTS are derived from the inherent dignity of the human person and are defined
internationally, nationally and locally by various law making bodies.
-HUMAN RIGHTS is defined as the supreme, inherent, and inalienable rights to life, to dignity,
and to self-development. It is concerned with issues in both areas of civil and political rights and
economic, social and cultural rights founded on internationally accepted human rights
obligations

BASIC CHARACTERISTIC OF HUMAN RIGHTS

1. Inherent - Human Rights are inherent because they are not granted by any person or
authority. Human rights do not have to be bought, earned or inherited; they belong to people
simply because they are human. Human rights are inherent to each individual.
2. Fundamental - Human Rights are fundamental rights because without them, the life and
dignity of man will be meaningless.
3. Inalienable - Human rights cannot be taken away; no one has the right to deprive another
person of them for any reason. Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free individual.
b. They cannot be given away or be forfeited.
4. Imprescriptible - Human Rights do not prescribe and cannot be lost even if man fails to use
or assert them, even by a long passage of time.
5. Indivisible - To live in dignity, all human beings are entitled to freedom, security and decent
standards of living concurrently. Human rights are indivisible. Human Rights are not capable of
being divided. They cannot be denied even when other rights have already been enjoyed.

CIVIL AND POLITICAL RIGHTS

● Civil rights deal with standards of judiciary and penal systems.
● Political rights deal with specific components of participation in political power.
These rights are often focused on when one talks about human rights.

ESCR - THE NEGLECTED HALF OF HUMAN RIGHTS

● Economic Rights deal with the sphere of human beings working, producing and servicing.
● Social Rights deal with standard of living and quality of life for all persons, including those not
participating in economic activities.
● Cultural Rights deal with the cultural sphere of life including ethnic culture, subcultures, arts
and science.

CATEGORIES OF HUMAN RIGHTS

1. Civil - the right to be treated as an equal to anyone else in society
2. Political - the right to vote, to freedom of speech and to obtain information
3. Economic - the right to participate in an economy that benefits all; and to desirable work
4. Social - the right to education, health care, food, clothing, shelter and social security
5. Cultural - the right to freedom of religion, and to speak the language, and to practice the
culture of one's choice.

CLASSIFICATION OF RIGHTS
1. Natural Rights - God given rights, acknowledge by everybody to be morally good.
2. Constitutional Rights - conferred and protected by the constitution and which cannot be
modified or taken away by the law-making body
3. Statutory Rights - those rights which are provided by law promulgated by the law making
body. May be abolished by the body that created them.

STAGES OF HUMAN RIGHTS

1. Idealization- notions about human rights start in the realm of ideas that reflect a
consciousness against oppression or inadequate performance of the State
2. Positivization- where the support for idea become strong, and thus incorporate them into
legal instruments
3. Realization- when these rights are already being enjoyed by the citizens by the
transformation of the social, economic, and political order

SOURCES AND FOUNDATION OF HUMAN RIGHTS

SOURCES AND FOUNDATION OF HUMAN RIGHTS
1. Universal Declaration of Human Rights (UDHR, 1948),
2. the International Covenant on Civil and Political Rights (ICCPR, 1966) and its Optional
Protocol, and
3. the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966).
Known collectively as the International Bill of Human Rights

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR, 1948)

 Is a milestone document in the history of human rights

 It sets out, for the first time, fundamental human rights to be universally protected
 The UDHR is widely recognized as having inspired, and paved the way for, the adoption of
more than seventy human rights treaties, applied today on a permanent basis at global and
regional levels
 The Declaration was proclaimed by the United Nations General Assembly in Paris on 10
December 1948
 The preamble recognize the inherent dignity and of the equal and inalienable rights of all
members of the human family as the foundation of freedom, justice and peace in the world

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

 The ICCPR is a key international human rights treaty, providing a range of protections for
civil and political rights
 The ICCPR obligates countries that have ratified the treaty to protect and preserve basic
human rights,
 The Covenant compels governments to take administrative, judicial, and legislative
measures in order to protect the rights enshrined in the treaty and to provide an effective
remedy.
 The Covenant was adopted by the U.N. General Assembly in 1966 and came into force in
1976

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

The ICESCR provides the legal framework to protect and preserve the most basic economic,
social and cultural rights,

 including rights relating to work in just and favorable conditions,

 "to social protection, to an adequate standard of living,
 to the highest attainable standards of physical and mental health,
 to education and to enjoyment of the benefits of cultural freedom and scientific progress.
For this reason, most of the rights contained in the ICESCR are related to tackling VAW, given
that VAW is a cause and consequence of women's enjoyment of their human rights on a basis
equal to men.

THE 1987 CONSTITUTION

 Basic source of human rights law in the Philippines

 The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also
called the Bill of Rights, it includes 22 sections which declare a Filipino citizen's rights and
privileges that the Constitution has to protect, no matter what.
 Section 11 of Article II: The State values the dignity of every human person and guarantees
full respect for human rights.

BILL OF RIGHTS
"It establishes the relationship of the individual to the State and defines the rights of the
individual by limiting the lawful powers of the State. It is one of the most important political
achievements of the Filipinos.
An enumeration of civil and political rights that are self executing. It also serves as a restriction
upon the powers of the State in order to preserve constitutional harmony and stability.
Father Joaquin Bernas SJ- The bill of rights is to declare some forbidden zone in the private
sphere inaccessible to any power holder

THE COMPREHENSIVE AGREEMENT ON HUMAN RIGHTS AND INTERNATIONAL

HUMANITARIAN LAW (CAHR-IHL)
is a landmark agreement between the Philippine government and the CPP/NPA/NDF and is a
glowing testimonial to the painstaking and persevering efforts of the two sides.
The CAHR-IHL contains the finest principles of human rights and international humanitarian law
found in the 1987 Constitution of the Republic of the Philippines and in various international
instruments on human rights and international humanitarian law.

CAHR-IHL SEVEN PARTS

a) the Preamble which introduces the Agreement and articulates the reasons for and the
intention of the parties in entering into the Agreement;
b) Declaration of Principles;
c) Bases, Scope and Applicability;
d) Respect for Human Rights;
e) Respect for International Humanitarian Law;
f) Joint Monitoring Committee; and
g) Final Provisions.

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

CUSTODIAL INVESTIGATION
Custodial Investigation is any questioning by law enforcement after a person has been taken
into custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an
offense. It begins when a person has been arrested and brought to the custody of law enforcers
in which suspicion is focused on him in particular and questions are asked from him (the
suspect) to elicit admissions or information on the commission of an offense.

MIRANDA DOCTRINE
The Miranda Doctrine means that prior to questioning during custodial investigation, the person
must be warned that he has the right to remain silent, that any statement he gives may be used
as evidence against him, and that he has the right to the presence of an attorney, either
retained or appointed.

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

1. The right to be informed of his rights
2. The right to remain silent and to be reminded that anything he says can and will be used
against him
3. The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided
for him
4. Right against torture, force, violence, threat, intimidation or any other means which vitiate the
free will of the person
5. Right against secret detention places, solitary, incommunicado, or other similar forms of
detention
Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the
Exclusionary Rule, i.e. it is excluded from the evidence to be considered by the court during
trial. Such confession or admission is tainted and must be suppressed under the "Fruit of the
Poisonous Tree" Doctrine.

ARTICLE III, SECTION 12 OF 1987 CONSTITUTION

(1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

REPUBLIC ACT 7438

defines certain rights of the person arrested, detained, or under custodial investigation. Which
serves as additional safeguards for persons who are under arrest. This Republic Act is a
support to the provisions of our Constitution on the Legal Basis of Arrest
(a) Any person arrested detained or under custodial investigation shall at all times be assisted
by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests,
detains or investigates any person for the commission of an offense shall inform the latter, in a
language known to and understood by him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise the waiver shall be null and void and of no
effect.
f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his immediate family or by his counsel, or
by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of
the President.

PUNISHMENT AND PENALTY

"The greatest discovery of all time is that a person can change his future by merely changing his
attitude” -Oprah Winfrey

PUNISHMENT VS PENALTY
Punishment - the redress that the state takes against an offending member of the society that
involves pain and suffering. It is also the penalty impose on offender for a crime or wrongdoing.
Penalty - is the suffering inflicted by the state against an offending member for the
transgression of the law.

JUSTIFICATIONS OF PUNISHING OFFENDERS

1. RETRIBUTION/ JUST DESERTS

 "Deserved Punishment for Evil Done"

 Let the PUNISHMENT fit the CRIME

2. DETERRENCE

 It is a justification for punishment based on the belief that the pain caused by punishment
will deter future criminal actions by the individual and others.

TYPE OF DETERRENCE
SPECIFIC DETERRENCE - Offenders do not recidivate because they do not want to face
further sanctions.
GENERAL DETERRENCE - occurs when other potential offenders do not engage in criminal
activity because they want to avoid penalties that others have received.

3. INCAPACITATION

 The public will be protected if the offender has being held in conditioning where he can not
harm others.

4. EXPIATION OR ATONEMENT

 Group vengeance

5. REHABILITATION

 Early European Antecedents

 Positivist Approach- criminal behavior was caused by traits within the offender, as well as
conditions in their environment
 Establishment of usefulness and responsibility of the offender

 TREAT ONLY THOSE HUMAN DEFICITS THAT ARE DIRECTLY RELATED TO THE
PROPENSITY TO COMMIT CRIMES.
 Treat all deficits simultaneously
 Match offenders' learning styles to particular teaching styles that is, programs must fit
the specific needs of and learning styles of their participants
 Use the highest level of treatment intensity for those clients who are predicted to be the
most likely to recidivate.
 Use programs that teach

PENAL LAWS

PENAL LAW: IN GENERAL

LAW

 Rule of Conduct
 Governs our free activity
 Promulgated by legitimate authority

JURISPRUDENCE

 Analysis of existing legal system

 Knowledge of things divine and human
 Science and law

CRIMINAL LAW

 Branch of public substantive law

 Defines offenses and prescribes punishment

PENAL LAW

 Originated from old slave punishments

 Penal laws existing prior to R.P.C
 Laws enacted before the R.P.C
 Revised Penal Code and Special Laws

SPECIAL PENAL LAWS

 Define and penalize crimes not included in the Revised Penal Code.

THREE MAIN CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW

GENERALITY – TERRITORIALITY – PROSPECTIVITY

GENERALITY - It is binding on all person who live and sojourn in the Philippine territory
whether citizens or not.
TERRITORIALITY - Penal laws shall be enforced only within the Philippine archipelago.
PROSPECTIVITY – Penal laws shall have no retroactive effect
CONCEPT AND MEANING OF PENALTY
CONCEPT
-Any person who commits felony should punished for his unlawful act

MEANING OF PENALTY
-Punishment imposed by a lawful authority upon a person who commits an unlawful, deliberate
and negligent act.
-Signifies pain
-Crime is the product of the law;

 Nullum crimen nulla poena sine lege

 There is no crime when there is no law that punishes it.

BASES FOR THE IMPOSITION OF PENALTY

A. Stage in the commission of the crime (consummated, Frustrated or attempted)
B. Participation of the person liable (Principal, Accomplice or Accessory)
C. Presence of aggravating or mitigating circumstance

JURIDICAL CONDITIONS OF PENALTY

I. Productive of suffering
II. Commensurate with the offense
III. Personal
IV. Legal
V. Certain
VI. Equal for all
VII. Correctional

PRODUCTIVE OF SUFFERING - Without however affecting the integrity of human personality.

COMMENSURTE WITH THE OFFENSE - Different crimes must be punished with different
penalties. (Art. 25, RPC)
PERSONAL - The guilty one must be the one to be punished.
LEGAL - The consequence must be in accordance with law
EQUAL - Equal for all persons
CERTAIN - No one must escape its effects
CORRECTIONAL - Changes in the attitude of offenders and become law abiding citizen

THEORIES JUSTIFYING PENALTY

PREVENTION - To prevent and suppress the danger to the state arising from the criminal act of
the offender.
SELF-DEFENSE - To protect society from the threat and wrong inflicted by the criminal.
REFORMATION - The object of punishment in criminal cases is to correct and reform the
offender.
EXEMPLARITY - The criminal is punished to serve as example to deter others from committing
crimes
JUSTICE - The crime must be punished by the state as an act of retributive justice.
LEGAL GROUNDS FOR DETAINING A PERSON
1. Commission of a crime
2. Violent insanity or any other ailment requiring compulsory confinement in hospital
3. Persons held for investigation or safekeeping

A JUDGMENT OF CONVICTION IN A CRIMINAL CASE BECOMES FINAL

1. After the lapses of the period of perfecting an appeal which is fifteen days
2. When the sentence has been partially or totally satisfied or served
3. When the accused expressly waives in writing his right to appeal
4. When the offenders applies for probation

COURTS AND OTHER ENTITIES AUTHORIZED TO COMMIT A PERSON TO JAIL

1. Supreme Court;
2. Court of Appeals;
3. Sandiganbayan;
4. Regional Trial Court;
5. Metropolitan/Municipal Trial Court;
6. Municipal Circuit Trial Court;
7. Congress of the Philippines; and
8. All other administrative bodies or persons authorized by law to arrest and commit a person to
jail.