ONLINE-READING MATERIALS

MIDTERMS

Chapter II

HUMAN RIGHTS

“HUMAN RIGHTS AS THOSE RIGHTS WHICH ARE

INHERENT IN OUR NATURE AND WITHOUT WHICH WE
CANNOT LIVE AS HUMAN BEINGS
“UNITED NATIONS”

ENGAGE: K-W-L CHART

Fill in the K-W-L chart with the needed information. K stands for what you
KNOW about the lesson, W stands for what you WANT to learn about the lesson
and L stands for what you LEARNED about the lesson.

The L column being the last column should be filled in at the end of the lesson.
Therefore before going to the main part of the lesson, the
KNOW AND WANT columns should be filled in first.

K… KNOW

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 W… WANT

L… LEARN

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LESSON 1

Human dignity plays a special part of the provision of our preamble in the 1987
Constitution. The State values the dignity of every human person and guarantees
full respect for human rights.

The congress shall give highest priority to the enactment of measures that protect
and enhance the right of all the people to human dignity, reduce social, economic
and political inequalities, and remove cultural inequalities by equitable diffusing
wealth and political power for the common good Sec. 11, Art. II. Philippine
Constitution)

HUMAN RIGHTS DEFINITION

Human rights may be defined as “the supreme, inherent and inalienable rights to
life, to dignity, and to self-development. It is the essence of these rights that makes
man human. Human rights are fundamental freedoms which are necessary and
indispensable in order to enable every member of the human race to live a life of
dignity.

What are Human Rights?

It is a difficult thing to stand up for what you believe in

Human Rights defined as those basic standards without which people cannot live
in dignity as human beings

HR is the foundation of freedom, justice and peace

The basis of HR, such as respect for human life & human dignity can be found in
most religions and philosophies

Confucian: do not do unto others what you would not have them done to you

Islam advocates: No one of you is a believer, until he desires for his brother that
which he desires for himself

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Christianity teaches: In everything, do to others just what you want them to do
for you

HUMAN RIGHTS are birthright

Those rights which are inherent in our nature and without which we cannot live as
human beings

HR Abuses are causes of conflict – (HR abuses escalate conflict)

The roots of internal conflict is due to the denial of human rights

Understanding Human Rights

UN definition: those rights, which are inherent in our nature and without which, we
cannot lives as human beings

CHR definition: those rights that are supreme, inherent & inalienable rights to life,
dignity and to self-development

It is the essences of these rights that makes man human.

HR refer to those individual rights & fundamental freedom that pertain to the
human person by reason of his humanity, whether they are civil & political (COR);
and economic, social & cultural rights (ESCR)

ACTIVITY NO. 1 (Read reference books and open links) Explore/Evaluate

MAKE A CONCEPTUAL DEFINITION OF HUMAN RIGHTS AND

RANGED AGAINST YOUR EXPERIENCE AS A STUDENT, NARRATE
YOUR OWN EXPERIENCE WHEREIN YOU FELT YOU WERE DEPRIVED
OF YOUR HUMAN RIGHT IN THE CONTEXT OF YOUR DEFINITION.

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LESSON 2

Classifications of Human Rights (HR)

According to source:

1. Natural or Moral Rights – god given rights, acknowledged morally good

2. Legal Rights:
a. Constitutional Rights – guaranteed in bill of rights of the constitution
b. Statutory Rights – rights promulgated by legislative body

According to Aspect of Life:

Civil Rights – rights the law will enforce at instance of private individuals for
purpose of securing to them the enjoyment of happiness. Civil rights guarantee
people from abuses of State agents in the exercise of the state’s 3 inherent powers:
police, eminent domain & power of taxation

Political Rights – are those rights which enable us to participate in running the
affairs of the government either directly or indirectly

Civil & Political Rights are guarantee against government abuse.

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Referred as justiciable rights – immediately enforced once violated.
Called negative rights because State is refrained from violating them

Economic, Social & Cultural Rights - rights of people to self-determination, to

pursue economic, social & cultural devp’t & financial security, Ensure a life of
dignity, Call positive rights – State expected to take effective measures to fulfil
them. Referred as programmable rights- depends upon resources and political will
of the State

According to Derogability:

Non-Derogable or Absolute Rights – rights that cannot be suspended nor taken

away nor restricted or limited even in extreme emergency and even if gov’t invoke
national security\

Note: Hand and hand with HR, which individuals must enjoy, is the right of the
State to National Security. Thus, some individual rights are not absolute or are
derogable.

Derogable or Relative Rights – maybe suspended or restricted or limited

depending on circumstance- for preservation of social life.

State Obligation to Human Rights:

Obligation to RESPECT: Requires the State and all its organs & agent – to obstain
from doing anything that violates the integrity of individual or fringes on his/her
freedom

Obligation to PROTECT: Requires the State & its agents – the measures necessary
to prevent other individuals or groups from violating the integrity, freedom of
action, or the HR of the individual

Obligation to FULFILL: Require the State – to take measure to ensure for each
person within its jurisdiction opportunities – to obtain satisfaction of those needs,
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recognized in the human rights instruments, which cannot be secured by personal
efforts

A right is an entitlement (claim)

Such rights maybe violated bud they can never be taken away.

HR are legal rights – therefore HR are part of Philippine Laws.

Basic Rule; Law & Order and Peace & Security are matters of AFP responsibility

Existence of Rule of Law and Respect for Rule of Law

- Implies where rights, freedoms, obligation & duties are laid down in the
law for all people in all equality, and,
- With the guarantee that people will be treated equally in similar
circumstance.

Human Rights Enforcement means: ‘responsive’, ‘representative and accountable’.

Tasks & Duties of military and security forces:

a. Maintenance of public order (internal security operations) and national

security (external threats)
b. Aid & assistance in emergencies of all kinds

Question of legality, necessity and proportionality using any military power or

authority:

1. Does the power of authority used in a particular situation have its basis in
national law?
2. Is the exercise of that particular power of authority strictly necessary, given
the circumstances of the respective situation?
3. Is the power of authority used in proportion to the seriousness of the offense
& the legitimate military objective to be achieved?

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ACTIVITY NO. 2 (Read reference books and open links)

Explore/Evaluate

Identify and differentiate the different classes of human rights and make
your own assessment if these rights are being recognized, upheld, protected by the
state or government.

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LESSON 3

What are the basic principle of Human rights?

Human rights are inherent. Human right are birth rights. They belong to the
individual person for reason that he or she is a human being.

Fundamental: without human rights, a person’s life and dignity would be

worthless and meaningless.

Human rights are inalienable. As such they cannot be stripped or rightfully taken
away from any free human person.

Human right are imprescriptible: Human rights are not lost by mere passage of
time. Human rights do not prescribe even if a person fails to use or was prevented
from asserting them. Human rights are indivisible, interrelated.

The indivisibility of human rights is a manifestation that a person cannot be denied

or deprived of his or her human rights, notwithstanding that he or she has already
enjoyed, or is already enjoying other rights. Human rights are not piece meal rights
and freedoms, hence, not capable of being divided.

Human rights are universal. Human rights ate endowed every human being from
the moment of birth, w/o distinction or irrespective of origin, sex, race, creed,
polital color, status or condition in life.

Principle of equality. Even the law of nature made manifest this basic principle by
the fact that all human beings, male or female, are born naked & helpless.

ACTIVITY NO. 1(Read reference books and open links)

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Explore/Evaluate

IDENTIFY AND EXPLAIN THE BASIC PRINCIPLES OF HUMAN

RIGHTS IN THE CONTEXT OF HOW IT COULD BE THE BASIS IN
FOSTERING PEACE AND UNDERSTANDING AMONG HUMAN BEINGS..

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HOMEWORK ACTIVITY 1(For Lesson 1 and 2)

SELF EVALUATION REPORT ON PERSONAL EXPERIENCES OF

THE STUDENTS ON HUMAN RIGHTS HE/SHE UPHELD AS A STUDENT
AND HOW IT WAS DONE; AND ON HOW HUMAN RIGHTS HE/SHE
ABUSED OR VIOLATED AS A STUDENT AND HOW IT WAS DONE; AND
WHAT WAS DONE TO RECTIFY THOSE ABUSES.

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HOMEWORK ACTIVITY NO 2 (For Lesson 1 and 2)

BASED ON THE READING MADE ON THE SUBJECT

PARTICULARLY LESSON 1 AND 2, IN NO LESS THAN 300 WORDS,
MAKE A REFLECTION PAPER IN ESSAY FORM ON “THE TEN COMMON
ABUSES AGAINST HUMAN RIGHTS IN THE PHILIPPINE CONTEXT
UNDER PRESENT DISPENSATION”.

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LESSON 4

SOURCES OF HUMAN RIGHTS

International Bill of Human Rights:

1. Universal Declaration of Human Rights (UDHR)

2. International Covenant on Civil and Political Rights (ICCPR)
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)

Subsequent International HR Documents:

1. International Covenant on the Elimination of All forms of Racial

Discrimination (ICERD)
2. Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
3. Convention on the Rights of the Child (CRC)
4. Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment of Punishment (CAT)

Relevant HR Provisions of the 1987 Constitution:

1. Bill of Rights – Art. III, Section 1-22

BILL OF RIGHTS

PRELIMINARIES
Government Power vs. Individual Freedom

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 2. 1. Among the changes brought about by the Period of Enlightenment was
the shift of power from the crown to the individual. The long reign of
monarchs came to an end, and the rule of the people became the standard.
The government, while still the repository of power, was limited to its role
as the protector of the people and the guardian of rights. Liberalism, which
took its cue from individualism, advocated the principle of egalitarianism, in
which men, regardless of their status in life, are regarded as equals in terms
of rights before the law. Modern democracies are founded on these liberal
ideals, in that the heart of democratic objectives is the protection of human
dignity and respect for human rights.

3. 2. Nonetheless, the government remains to be a powerful institution, capable

of summoning the military, evoking its past image as the uncontestable
holder of sovereignty. In fact, republicanism essentially requires delegation
of powers to the government; that although the people remain to be the
sovereign, actual exercise of it is given to the government. Protection and
service of the people is the primal duty of the government, but be that as it
may, the government is still the single biggest institution that exercises
sovereign powers.

4. 3. More so, it possesses the “inherent powers” which the Constitution itself
does not confer. Every government for it to exist exercises “police power,”
“power of eminent domain,” and “power of taxation.” A constitution does
not grant such powers to the government; a constitution can only define and
delimit them and allocate their exercise among various government
agencies.[1] These are awesome powers, which, if left uncheck, may
seriously restrict and jeopardize the freedom of individuals. Thus, it is
inbuilt in every democratic constitution to meticulously include provisions
guaranteeing the rights of the individuals and those restricting the powers of
the government. This is to prevent the tragedy that the government created
by the people will in turn be the instrument to enslave and abuse them.

5. 4. The Bill of Rights (Article III) is an indispensable part of the Constitution.

In fact, it is one of the most important parts of the fundamental law since it
aims at balancing the power of the government and the various freedoms of
the individual. As will be seen below, the Bill of Rights provide for two
things: first, restrictions directed against the state, and, second, explicit
identification and limitation of rights of the individuals. On the one hand, the
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 government exercises its tremendous powers, but its powers are limited by
the Constitution. On the other hand, the individuals are guaranteed of their
rights, but subject also to limitations in recognition of the powers of the
government. What balances the two (power and freedom) are the limitations
provided by the Constitution, which limitations are by nature compromises
or solutions to situations resulting from the overlapping or conflict of the
two realms. For example, while the government has the inherent authority to
take and convert a property for public use, and the people on the other have
the right to hold their private property, the Constitution, contemplating a
case of overlap or conflict between the two, compromises both by
prescribing that the government gives just compensation to the private
owner who in turn must surrender his property.

6. Meaning of the Bill of Rights

7. 1. From the foregoing, it is not difficult to understand that the Bill of Rights

refers to the declaration and enumeration of the fundamental civil and
political rights of a person with the primary purpose of safeguarding the
person from violations by the government, as well as by individuals and
group of individuals. It includes the protection of the following rights:

8. (a) Civil rights or those rights belonging to individuals by virtue of their

citizenship, such as freedom to contract, right to property, and marriage
among others;

9. (b) Political rights which are rights pertaining to the citizenship of the

individual vis-à-vis the administration of the government, such as right of
suffrage right to hold office, and right to petition for redress of wrong;

(c) Socio-economic rights or those which ensure the well-being and

economic security of an individual; and

(d) Rights of the accused which refer to protections given to the person of an

accused in any criminal case.

10.2. It must be noted that the restriction provided in the Bill of Rights is
directed against the government, so that it does not govern private relations.
As far as the Constitution is concerned, Article III can be invoked only
against the government. Nonetheless, with the inclusion of almost all the
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 constitutional rights in Article 32 of the Civil Code, the same may now be
invoked in civil cases involving relations between private persons. Thus, the
definition above indicates that the bill of rights is a safeguard not just against
the abuses of the government but also of individuals or group of individuals.

RIGHT TO DUE PROCESS AND EQUAL PROTECTION

Life, Liberty, and Property

11.1. Constitutional Provision. Section 1, Article III of the Constitution states

“No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.” The
provision speaks of “due process” and “equal protection.”

12.2. Scope of Protection. The protection covers all persons, whether citizens

or aliens, natural or juridical.

13.3. Meaning of Life, Liberty, and Property. Due process and equal protection
cover the right to life, liberty, and property. It is important therefore to know
the meaning of the three.

14.(a) Life. When the constitution speaks of right to life, it refers not just to
physical safety but also to the importance of quality of life. Thus, right to
life means right to be alive, right to one’s limbs against physical harm, and,
equally important, right to a good quality of life.[2] Life means something
more than mere animal existence.[3]

15.(b) Liberty. It includes “negative” and “positive” freedom. Negative

freedom means freedom from, or absence of, physical constraints, while
positive freedom means freedom to exercise one’s faculties. Right to liberty
therefore includes the two aspects of freedom and it cannot be dwarfed into
mere freedom from physical restraint or servitude, but is deemed to embrace
the right of man to enjoy his God-given faculties in all lawful ways, to live
and work where he will, to earn his livelihood by any lawful calling, to
pursue any vocation, and enter into contracts.[4]

16.(c) Property. It refers either to the thing itself or right over the thing. As a
thing, property is anything capable of appropriation, and it could be personal
or real. As a right, it refers to right to own, use, possess, alienate, or destroy
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 the thing. The constitution uses property in the sense of right, and as such it
includes, among others, right to work, one’s employment, profession, trade,
and other vested rights. It is important to note however that privileges like
licenses are not protected property; but they may evolve in a protected right
if much is invested in them as means of livelihood. Public office is not also a
property; but to the extent that security of tenure cannot be compromised
without due process, it is in a limited sense analogous to property.[5]

17.5. These rights are intimately connected. For example, if one’s property right
over employment is taken away, the same will adversely affect one’s right to
life since quality of living is jeopardized. Consequently, in the absence of
property and a good quality of life, the ability to do what one wants is
impeded.

18.6. Hierarchy of Rights. While the rights are intimately related, they have
a hierarchy. As to their order of importance, right to life comes first,
followed by right to liberty, and then right of property.

Due Process

19.1. Meaning. Due process of law is a constitutional guarantee against hasty

and unsupported deprivation of some person’s life, liberty, or property by
the government. While is it true that the state can deprive its citizens of their
life, liberty, or property, it must do so in observance of due process of law.
This right is “the embodiment of the supporting idea of fair play”[6] and its
essence is that it is “a law which hears before it condemns, which proceeds
upon inquiry and renders judgment only after trial.”[7]

20.2. When Invoked. The right is invoked when the act of the government is
arbitrary, oppressive, whimsical, or unreasonable. It is particularly directed
against the acts of executive and legislative department.

21.3. Two Aspects of Due Process. Due process of law has two

aspects: procedural and substantive. Basically, the procedural aspect
involves the method or manner by which the law is enforced, while the
substantive aspect involves the law itself which must be fair, reasonable, and
just.

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 22.4. Procedural due process requires, essentially, the opportunity to be
heard in which every citizen is given the chance to defend himself or explain
his side through the protection of general rules of procedure. It contemplates
notice and opportunity to be heard before judgment is rendered.

23.In judicial proceedings, the requirements of procedural due process are:[8]

24.(a) An impartial or objective court or tribunal with jurisdiction over the
subject matter;
25.(b) Court with jurisdiction over the person of the defendant or the property
which is the subject of the proceeding;
26.(c) Defendant given the opportunity to be heard (requirement on notice and
hearing); and
27.(d) Judgment rendered after lawful hearing.
28.Since some cases are decided by administrative bodies, the Court also
provides requirements of procedural due process in administrative
proceedings. These requirements, also known as “seven cardinal primary
rights,” are:[9]
29.(a) The right to a hearing, where a party may present evidence in support of
his case;
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31.(b) The tribunal must consider the evidence presented;
32.(c) The decision of the tribunal must be supported by evidence;
33.(d) The evidence must be substantial.  Substantial evidence is such relevant
evidence as a reasonable mind might accept as adequate to support a
conclusion;
34.(e) The evidence must have been presented at the hearing, or at least
contained in the record and known to the parties affected;
35.(f) The tribunal or body or any of its judges must rely on its own
independent consideration of evidence, and not rely on the recommendation
of a subordinate; and
36.(g) The decision must state the facts and the law in such a way that the
parties are apprised of the issues involved and the reasons for the decision.

37.5. Notice and Opportunity to be Heard. What matters in procedural due

process are notice and an opportunity to be heard.
38.(a) Notice. This is an essential element of procedural due process, most
especially in judicial proceedings, because without notice the court will not
acquire jurisdiction and its judgment will not bind the defendant. The
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 purpose of the notice is to inform the defendant of the nature and character
of the case filed against him, and more importantly, to give him a fair
opportunity to prepare his defense. Nevertheless, the notice is useless
without the opportunity to be heard.
39.(b) Opportunity to be Heard. It must be emphasized that what is required is
not “actual” hearing but a real “opportunity” to be heard.[10] If, for instance,
a person fails to actually appear in a hearing even though he was given the
chance to do so, a decision rendered by the court is not in violation of due
process. Moreover, strict observance of the rule is not necessary, especially
in administrative cases. In fact, in administrative proceedings, notice and
hearing may be dispensed with for public need or for practical reasons. It is
also sufficient that subsequent hearing is held if the same was not previously
satisfied.
40.
41.6. Substantive due process requires that the law itself is valid, fair,
reasonable, and just. For the law to be fair and reasonable it must have a
valid objective which is pursued in a lawful manner. The objective of the
government is valid when it pertains to the interest of the general public, as
distinguished from those of a particular class. The manner of pursuing the
objective is lawful if the means employed are reasonably necessary and not
unduly oppressive.

42.7. Under the doctrine of void for vagueness, a statute or law that is vague is
void because it violates the rights to due process. A statute is vague when it
lacks comprehensible standards which men of ordinary intelligence must
necessarily know as to its common meaning but differ as to its application.
Such kind of statute is opposed to the Constitution because it fails to accord
persons proper understanding or fair notice, and because the government is
given unbridled freedom to carry out its provision. For this doctrine to be
operative, however, the statute must be utterly vague. Thus, if a law, for
example, could be interpreted and applied in various ways, it is void because
of vagueness. Corollary to this is the doctrine of overbreadth which states
that a statute that is “overly broad” is void. This is because it prevents a
person from exercising his constitutional rights, as it fails to give an
adequate warning or boundary between what is constitutionally permissive
and not. If a law, for instance, prohibits a bystander from doing any
“annoying act” to passersby, the law is void because “annoying act” could
mean anything to a passerby and as such, overly broad.

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 Equal Protection

43.1. Meaning. The guarantee of equal protection means that “no person or

class of persons shall be deprived of the same protection of the laws which is
enjoyed by other persons or other classes in the same place and in like
circumstances.”[11] It means that “all persons or things similarly situated
should be treated alike, both as to rights conferred and responsibilities
imposed.” The guarantee does not provide absolute equality of rights or
indiscriminate operation on persons. Persons or things that are differently
situated may thus be treated differently. Equality only applies among equals.
What is prohibited by the guarantee is the discriminatory legislation which
treats differently or favors others when both are similarly situated.

44.2. Purpose. The purpose of the guarantee is to prohibit hostile discrimination

or undue favor to anyone, or giving special privilege when it is not
reasonable or justified.

45.3. Reasonable Classification. Well established is the rule that reasonable

classification does not violate the guarantee, provided that the classification
has the following requisites:[12]
46.(a) It must be based upon substantial distinctions;
47.(b) It must be germane to the purpose of the law;
48.(c) It must not be limited to existing conditions only; and
49.(d) It must apply equally to all members of the class.
50.
51.4. Example. In one case,[13] Section 66 of the Omnibus Election Code was
challenged for being unconstitutional, as it is violative of the equal
protection clause. The provision distinguishes between an elective official
and an appointive official in the filing of theire certificate of candidacy.
While elective officials are not deemed resigned upon the filing their
certificates, appointive officials are. The Supreme Court held that the law is
constitutional and not violative of equal protection since the classification is
valid. The Court argues that elective office is different from appointive
office, in that the mandate of the former is from the people, while that of the
latter is from the appointing authority. The term of the elective officials are
likewise longer than that of the appointive officials. Thus, the classification
is adjudged reasonable and valid.

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 52.5. Discrimination against Aliens. Although the protection extends to both
citizens and aliens, discrimination against aliens may be held valid under
certain circumstances. For example, citizens by virtue of their membership
to the political community possess complete civil and political rights, while
aliens do not have complete political rights. The former can vote during
elections, run for public office, own real property, while aliens cannot.

53.6. Review of Laws. If the laws are scrutinized by the court, it said to be

subject to “judicial review.” There are three standards followed by the court
in judicial review, these are:
54.(a) Deferential review in which laws are upheld to be valid or consistent to
the guarantee of equal protection when they are rational and the
classifications therein bear a relation to a legitimate governmental interests
or purpose. In here the courts do not seriously inquire into the substantiality
of the interest and possibility of alternative means to achieve the objectives;
55.(b) Intermediate review in which the substantiality of the governmental
interest is closely scrutinized as well as the availability of less restrictive
means or alternatives. This standard is used if the classification involves
important but not fundamental interests; and
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57.(c) Strict scrutiny in which the government is required to show the presence
of a compelling government interest, rather than a mere substantial interest,
and the absence of a less restrictive means for achieving the interest. Upon
showing of these requirements, the limitation of a fundamental constitutional
right is justified. This standard is used if the law classifies persons and limits
others of their exercise of fundamental rights.

Declaration of Principles and State Policies – Art. II, Sections 1-5 and 7,
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Article II, Section 1 of the 1987 Constitution states that “the Philippines is a

democratic and republican state.” One of the manifestations of republicanism is
separation of powers among the three co-equal branches of government, namely
the legislative, executive, and judicial branches.
ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

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Section 1. The Philippines is a democratic and republican State. Sovereignty
resides in the people and all government authority emanates from them.

Section 2. The Philippines renounces war as an instrument of national policy,

adopts the generally accepted principles of international law as part of the law of
the land and adheres to the policy of peace, equality, justice, freedom, cooperation,
and amity with all nations.

Section 3. Civilian authority is, at all times, supreme over the military. The Armed
Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.

Section 4. The prime duty of the Government is to serve and protect the people.
The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by law,
to render personal, military or civil service.

Section 5. The maintenance of peace and order, the protection of life, liberty, and
property, and promotion of the general welfare are essential for the enjoyment by
all the people of the blessings of democracy.

Section 6. The separation of Church and State shall be inviolable.

State Policies

SECTION 7. The State shall pursue an independent foreign policy. In its relations
with other states the paramount consideration shall be national sovereignty,
territorial integrity, national interest, and the right to self-determination.

SECTION 8. The Philippines, consistent with the national interest, adopts and
pursues a policy of freedom from nuclear weapons in its territory.

SECTION 9. The State shall promote a just and dynamic social order that will
ensure the prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for all.

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Social Justice and Human Rights – Art. XIII, Sections 17-18

Human Rights
SECTION 17. (1) There is hereby created an independent office called the
Commission on Human Rights.

(2) The Commission shall be composed of a Chairman and four Members who
must be natural-born citizens of the Philippines and a majority of whom shall be
members of the Bar. The term of office and other qualifications and disabilities of
the Members of the Commission shall be provided by law.

(3) Until this Commission is constituted, the existing Presidential Committee on

Human Rights shall continue to exercise its present functions and powers.

(4) The approved annual appropriations of the Commission shall be automatically

and regularly released.

SECTION 18. The Commission on Human Rights shall have the following powers
and functions:

(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;

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(6) Recommend to the 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.

According to Aspect of Life

1. Civil Rights – Right to a Name, Right to a Nationality, Right to Marry & to

Fund a Family, Right to Liberty & Security of Person
2. Political Rights – Right to Vote, Right to Initiative and Referendum, Right
to Information on Matters of Public Concern
3. Economic & Social Rights – Right to to Work, Right to Social Security,
Right to Social Security, Right to Property Right to Education

According to Struggle & Recognition

1. First Generation Rights –Civil & Political Rights

2. Second Generation Rights – Economic, Social & Cultural Rights
3. Third Generation Rights – Right to Development

Three Conditions to Justify the Suspension/limitation of Human Rights

It is provided for by law which is made known to every citizen: There is a state of
emergency which necessitate the urgent preservation of the public good, public
safety and public morals; and it does not exceed what is strictly necessary to
achieve its purpose.

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Points to ponder:

Observance & respecting law is fundamental to good military practice

An officer/EP cannot invoke or raise exceptional circumstances of superior orders

as a justification for unlawful behaviour

Go’vt to include HR issues in curricula for training in the military

Allegations of unlawful behaviour by AFP member require prompt, thorough and

impartial investigations by the government

Victims of crime & abuse of power are entitled to protection and redress.

Victims of unlawful arrest or detention have an enforceable right to compensation.

The practices and decisions taken by the military officers must therefore be seen &
accepted as practices & decisions of the government.

Military practices must be based on the respect for and obedience to the laws of the
land.

ACTIVITY NO. 1(Read Reference books and open links)

Explore/Evaluate

MAKE A PERSONAL EVALUATION/CRITIQUE ANCHORED ON THE

LIMITATIONS OF HUMAN RIGHTS “ON PRESIDENT DUTERTE’S WAR
ON DRUGS AND HIS DEGREE OF RECOGNITION, RESPECT AND
ENFORCEMENT WITH RESPECT TO HUMAN RIGHTS”.

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ACTIVITY NO 2 (Read reference books and open links)

Explore/Evaluate

BASED ON YOUR READING ON THE LIMITATIONS OF HUMAN

RIGHTS AND ITS ENFORCEMENT, MAKE A REPORT ON CRITIQUE ON
CURRENTS EVENTS INVOLVING HUMAN RIGHTS VIOLATION IN THE
FOLLOWING COUNTRIES;

A. PHILIPPINES

B. USA

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 C. CHINA

D. EUROPE

ACTIVITY NO 3 (Read reference books and open links)

Explore/Evaluate

IDENTIFY THE VARIOUS SOURCES OF HUMAN RIGHTS AND

REFLECT ON HOW THESE SOURCES OF HUMAN RIGHTS ARE
SIGNIFICANT IN PREVENTING ABUSES AND VIOLATIONS THEREOF.

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ACTIVITY NO 4 (Read reference books and open links)

Explore/Evaluate

BASED ON YOUR READINGS PREPARE A SUMMATIVE REPORT

OF THE RELEVANT HUMAN RIGHTS PROVISIONS OF THE 1987
CONSTITUTION AND GIVE YOUR OWN REFLECTION IF THESE
PROVISIONS ARE BEING OBSERVED BY THE LAW ENFORCEMENT
AGENCIES OR BY THE GOVERNMENT AGENCIES CONCERNED.

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