Human Rights Notes

HUMAN RIGHTS LAW | FATHER SATURNINO URIOS UNIVERSITY
Nature and Principles of Human Rights
I. Human rights
A. Concept
- The aggregate of privileges, claims, bene ts, entitlements, and moral guarantees that
pertain to man because of his humanity
Guarantee — an assurance/promise by the State given to individuals and group of

people.
- Generally de ned as those rights, which are inherent in our nature, and without which,
we cannot live as human beings.
- It is the supreme, inherent and inalienable rights to life, dignity and self development. It
is the essence of these rights that makes us human. (Philippine CHR)
WHY DO WE HAVE HUMAN RIGHTS?
The human person possesses rights because of the very fact that it is a person, a
whole, master of itself, and of its acts [HUMAN FREEDOM], and which
consequently is not merely a means to an end, but an end which must be treated as
such [HUMAN RIGHTS ARE THE OBJECTIVE THAT EVERY HUMAN BEING
SHOULD BE AFFORDED WITH].
“No cause is more worthy than the cause of human rights” and “they are what make
man human” — Jose Diokno
HUMAN RIGHTS VS HUMAN RIGHTS LAW
• Human rights — govern how individual human beings live in society and with each
other, as well as their relationship with the State and the obligations that the State
have towards them.
• Human rights law - obliges governments to do some things, and prevents them
from doing others.
B. Components
1. Subject (right-holder) — an individual (natural person), a group of individuals or a non-
governmental organization entitled to rights under the law and can take legal action to
protect or to promote those rights.
2. Duty-holder — an entity, normally a State that is obliged to respect, to ensure and to

protect the subject’s rights or demands.
GENERAL RULE: States are considered duty-holder and not the subject
EXCEPTIONS:
- States are considered as a subject in matters of international law
3. Object — the content of any given right and any duty of the holder of the right and the
holder of the obligations. This right and this duty are the human values and needs which
are found in human rights rules and norms.
4. Implementation — set of measures, approaches, and initiatives designed to realize the

right concerned. This includes:
• Laws
• Administrative measures
• Legal writs and mechanisms adopted by the government
C. Stages
1. Idealization — notions about human rights have started in the realm of ideas that re ect
a consciousness against oppression, dehumanization or inadequate performance by the
State.
2. Positivization — support for the ideas became strong and the stage is set to incorporate
them into some legal instruments.
3. Realization — rights are enjoyed by the citizens of the State by the transformation of the
social, economic, and political order.
This is my personal notes from various books, cases, and lectures. Use with proper caution.
Please do not distribute without permission. — ALC | 1
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II. Characteristics of human rights

a. Inherent — they are not granted by any person or authority and exists without any event
for its existence.
b. Fundamental — without them the life and dignity of man will be meaningless
c. Inalienable — cannot be rightfully take away from a free individual
d. Imprescriptible — they cannot be lost even by a long passage of time
e. Indivisibility — they cannot be denied even other rights have already been enjoyed.
f. Universal — irrespective of one’s origin, status or condition or place where they live.
g. Interdependent — the ful llment or exercise of one cannot be had without realization of
the other.
III. Human rights principles

1. Universality — rights belong to and are to be enjoyed by all human beings without
distinction of any kind, such as race, color, sex or language, religion, political and other
opinion, national or social origin, property, birth or other structure. They belong to everyone
wherever they are because they are human beings endowed with dignity.
2. Indivisibility — the rst generation of liberty rights and the second generation of equality
rights form an indivisible whole and only if these rights are guaranteed that an individual can
live decently and in dignity.
3. Interdependence — the rst generation of liberty rights and the second generation of
equality rights are co-equal in importance.
IV. Classi cations

A. According to Source
1. Natural Rights — God-given rights, acknowledged by everybody to be morally good
2. Constitutional rights — rights which are conferred and protected by the Constitution
and which cannot be modi ed or taken away by the lawmaking body
MIRANDA VS. ARIZONA, 384 U.S. 436 (1966)

Therefore, a defendant “must be warned prior to any questioning that he has the right
to remain silent, that anything he says can be used against him in a court of law, that
he has the right to the presence of an attorney, and that if he cannot a ord an
attorney one will be appointed for him prior to any questioning if he so desires.”

NOTE: The Philippine Constitution provides a more stringent application of the

Miranda Doctrine. Under the 1987 Constitution, the defendant is a orded of the
following rights
1. The right to counsel — must be competent, independent, and preferable
chosen by the person under investigation, in contrary to Miranda vs Arizona
which does not distinguish.
2. Waiver of the rights to counsel — it must be written and in the presence of
counsel
PP vs DE LA CRUZ, G.R. Nos. 118866-68, September 17, 1997

An accused person must be informed of the rights set out in said paragraph of
Section 12 upon being held as a suspect and made to undergo custodial
investigation by the police authorities. And, the rule begins to operate at once as
soon as the investigation ceases to be a general inquiry into an unsolved crime and
direction is then aimed upon a particular suspect who has been taken into custody
and to whom the police would then direct interrogatory question which tend to elicit
incriminating statements.
Furthermore, not only does the fundamental law impose, as a requisite function of the
investigating o cer, the duty to explain those rights to the accused but also that
there must correspondingly be a meaningful communication to and understanding
thereof by the accused.
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3. Statutory rights — rights which are provided by law-making body and, consequently,
may be abolished by the same body
B. According to recipient
1. Individual rights — those rights being accorded to individuals
2. Collective rights/People’s rights/Solidarity rights — rights of the society, those that can
be enjoyed only in the company with others
C. According to the aspect of life (NOTE)
1. Civil rights — rights which the law will enforce at the instance of private individuals for
the purpose of securing to them the enjoyment of their means of happiness.
2. Political rights — rights which enable us to participate in running the a airs of the
government either directly or indirectly
3. Economic and social rights — those which the law confers upon the people to enable
them to achieve social and economic development, thereby enduring them their well-
being, happiness and nancial security
4. Cultural rights — rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on the
principle of unity in diversity in a climate of free artistic and intellectual expression
D. According to struggle for recognition
1. THE FIRST GENERATION OF HUMAN RIGHTS — covers civil and political rights
which conceives human rights more in the negative (“freedoms from”) than positive
(“rights to”) terms; it favors the abstention rater than the intervention of government in
the exercise of freedoms and in the quest for human dignity
a. Civil rights — rights which the law will enforce at the instance of private
individuals for the purpose of securing to them the enjoyment of their means of
happiness.
b. Political rights — rights which enable us to participate in running the a airs of

the government either directly or indirectly
NOTES:
- The rst generation of rights gradually evolved over centuries during the long
development of democratic society and serve as a protection of the individuals
from the arbitrary exercise of police power.
- Civil and political rights are individual rights against the state and are partly
seen as negative rights because they prevent the state from the performance of
certain things that are considered harmful
- Also known as the rst generation of liberty rights.
EXAMPLES:
• Right to life, liberty and security of person;
• Right against torture;
• Right to equal protection of the laws and against any discrimination;
• Right against arbitrary arrest and detention;
• Right to a fair and public hearing by an independent and impartial tribunal;
• Right to be presumed innocent until proven guilty;
• Right to privacy, freedom of opinion and expression
2. THE SECOND GENERATION OF HUMAN RIGHTS — covers economic, social and

cultural rights which nd their origin primarily in the socialist traction and have been
variously promoted by revolutionary struggles and welfare movements. It conceives of
human rights more in the positive terms. They are fundamental claims to social
equality.
a. Economic and social rights — those which the law confers upon the people to
enable them to achieve social and economic development, thereby enduring
them their well-being, happiness and nancial security
b. Cultural rights — rights that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture based on
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the principle of unity in diversity in a climate of free artistic and intellectual

expression
NOTES:
- Recognized when people realized that possession of the rst generation of
liberty rights would be valueless without the enjoyment of economic, social,
and cultural rights.
- Also known as the second generation of equality rights.
EXAMPLES:
• right to work
• Right to social security
• Right to form and to join trade unions;
• Right to education
• Right to rest and leisure
• Right to health
• Right to shelter
3. THE THIRD GENERATION OF HUMAN RIGHTS (SOLIDARITY/COLLECTIVE RIGHTS) —

covers collective rights
NOTES:
- Intended to bene t individuals, groups and peoples and its realization will need
global cooperation based on international solidarity
- Also known as the third generation of solidarity rights.
EXAMPLES:
• Right to peace
• Right to development
• Environmental rights
• Right of self-determination
• Right to food
• Rights of women
• Rights of children
• Right to humanitarian disaster relief
• Right to water
ANTONIO VS FACTORAN, G.R. No. 101083, July 30, 1983

The complaint focuses on one speci c fundamental legal right – the right to a
balanced and healthful ecology embodied in Section 16, Article II of the 1987
Constitution.
While the right to a balanced and healthful ecology is to be found under the
Declaration of Principles and State Policies and not under the Bill of Rights, it
does not follow that it is less important than any of the civil and political rights
enumerated in the latter. Such a right belongs to a di erent category of rights
altogether for it concerns nothing less than self-preservation and self-
perpetuation. As a matter of fact, these basic rights need not even be written in
the Constitution for they are assumed to exist from the inception of humankind.
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LLDA VS CA, G.R. No. 110120, March 16, 1994

Article II, Section 16 of the Constitution provides that “The State shall protect
and advance the right of the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.”
As a constitutionally guaranteed right of every person, it carries the correlative

duty of non-impairment. This is but in consonance with the declared policy of
the state to protect and promote the right to health of the people and instill
health consciousness among them. The issuance, therefore, of the cease and
desist order by the LLDA, as a practical matter of procedure under the
circumstances of the case, is a proper exercise of its power and authority under
its charter and its amendatory laws.
E. According to derogability (to include current events) (NOTE)
1. Non-derogable (Absolute rights) — those that cannot be suspended nor taken away
nor restricted/limited even in extreme emergency and even if the government invokes
national security.
Article 4.2 of ICCPR. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11,
15, 16 and 18 may be made under this provision.
Article 6.1. Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
Article 7. No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. In particular, no one shall be subjected without his free
consent to medical or scienti c experimentation.
Article 8 — Freedom from illegal servitude
Article 11. No one shall be imprisoned merely on the ground of inability to ful ll a
contractual obligation.
Article 15.
1. No one shall be held guilty of any criminal o ense on account of any act or
omission which did not constitute a criminal o ense, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time when the
criminal o ense was committed. If, subsequent to the commission of the
o ense, provision is made by law for the imposition of the lighter penalty, the
o ender shall bene t thereby.
2. Nothing in this article shall prejudice the trial and punishment of any person
for any act or omission which, at the time when it was committed, was
criminal according to the general principles of law recognized by the
community of nations.
Article 16. Everyone shall have the right to recognition everywhere as a person
before the law.
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion.
This right shall include freedom to have or to adopt a religion or belief of his
choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance,
practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have
or to adopt a religion or belief of his choice.
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3. Freedom to manifest one's religion or beliefs may be subject only to such

limitations as are prescribed by law and are necessary to protect public
safety, order, health, or morals or the fundamental rights and freedoms of
others.
4. The States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure the
religious and moral education of their children in conformity with their own
convictions.
2. Derivable (Relative rights) — those which may be suspended or restricted or limited

depending on the circumstances which call for the preservation of human life.
The imposition of restrictions on certain individual rights must satisfy the following to
be valid:
(1) It is provided for by law which is known to every citizen;
(2) There is a state of emergency which necessitates the urgent preservation of

the public good and public safety, and public moral
(3) It does not exceed what is strictly necessary to achieve the purpose.
Requisites for derogation:

1. Legal basis
- Suppression of rights in accordance to law
- Our laws are a mix of civil and common laws
2. Pursues a legitimate cause — it is only applicable in extraordinary times or

extraordinary situations.
3. Equality and non-discrimination
Article 4.1 In time of public emergency which threatens the life of the nation and
the existence of which is o cially proclaimed, the States Parties to the present
Covenant may take measures derogating from their obligations under the present
Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely on the ground of
race, colour, sex, language, religion or social origin.
Article 4.3. Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the present
Covenant, through the intermediary of the Secretary-General of the United Nations,
of the provisions from which it has derogated and of the reasons by which it was
actuated. A further communication shall be made, through the same intermediary,
on the date on which it terminates such derogation.
Element:
1. Public emergency which threatens the life of the nation and the existence of
which is o cially proclaimed.
EXAMPLE:
COVID:
- Proclamation 922
- Proclamation 929
2. Principle of necessity — derogation must be necessary
ELEMENTS:
1. Duration of the derogation
2. Geographic location
3. Material scope
3. Derogation must be consistent with international law (e.g. human rights

obligations)
4. Principle of proportionality — derogation must not involve discrimination
5. State must o cially inform the international community of such measures:
1. Scope
2. Duration
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3. Justi cation
NOTE: The fth element is not necessary, but it is encouraged, for the
derogation in the national scope to be valid.
V. Categories of human rights

1. as Fundamental Freedom in Political Rights
A. freedom of conscience and religion;
B. freedom of thought, belief, opinion and expression;
C. freedom of the press and communication;
D. freedom of association;
E. freedom of peaceful assembly.
F. rights to privacy, reputation, and human dignity.
2. as Democratic Rights — These rights are commonly exercised in a democratic state such
as the right to vote and to participate in the electoral process, and the right to participate in
public or governmental a airs.
3. as Mobility Rights — the right to travel and to return to one's country, and the freedom of
movement within the country. These rights are national as well as international in character.
4. as Right to Life, Liberty and Security of the Person — These rights represent the core of
fundamental rights which relate to the right to physical and personal integrity, consistent
with human dignity.
5. as Legal Rights
A. the freedom from arbitrary arrest and detention;
B. the protection against unreasonable search and seizure;
C. right to counsel;
D. right to fair and public trial;
E. presumption of innocence,
F. the right against self-incrimination;
G. right to due process
6. as Rights of Equality — Everyone is equal before the law and is entitled to equal protection
or the equal bene t of law. It includes the protection against discrimination on the grounds
of sex, race, religion, ethnic origin, age, marital status and political and social condition.
7. as Economic, Social and Cultural Rights — They are considered more of standards to be
observed by the state. These rights include:
A. the right to social security, social insurance, protection and assistance to the family;
B. the right to an adequate standard of living, adequate food, clothing, and housing;
C. the right to physical and mental health;
D. he right to education;
E. the right to be part of the artistic and scienti c life of the country.
8. as Workers' Rights — which includes:
A. the right to association,
B. the right to organize unions, to bargain collectively,
C. the prohibition of forced labor,
D. the prohibition of employment of children, and
E. the guarantee of minimum wages and other support.
9. as Aboriginal Rights — These rights are associated with the rights of indigenous cultural
tribes or communities.
10. as Reproductive Rights — These rights include:
A. the right to found a family and bear children,
B. the to gender sensitivity and the biomedical technology, and
C. the right to family planning
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11. as Protective Rights of Persons in Armed Con icts — these rights are provided in the
international humanitarian law for the protection of children, women and non-combatants
during internal armed con icts.
12. as Right of Self-determination — This right was asserted by colonial peoples in their
struggle for independence. This means the right of people to be free from colonial rule and
decide their own destiny.
13. as Minority Group Rights — These rights include the protection of ethnic, linguistic and
religious minorities.
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CHAPTER II. History, Theories of Sources, and Development of Human Rights

A. Historical background
- originally known as “Rights of Man” — asserted by the citizens against tyrannical
governments
- Men revolted against the concept of the “Divine Right of Kings”
Roman Law — legalized the possession of slaves
Early 20th century — slavery was internationally prohibited
Middle Ages — Magna Carta was delivered by King John which guaranteed personal
liberties and civil rights
English Bill of Right (1689) — freedom from cruel and unusual punishment and
excessive nes
American Bill of Rights (1776) — asserting that all mean are by nature, fully free and
independent, and have certain inherent rights
French Declaration of the Rights of Man (1789) — a rmed that all men are born free
and equal and a rmed the inalienable rights of man
The Cyrus Cylinder

- Ancient record on a baked-clay cylinder in the Akkadian language with cuneiform script
which recorded decrees recognized as the world’s rst charter of human rights.
- In said records, Cyrus the Great freed the slaves, declared that all people had the right to
choose their own religion, and established racial equality.
APARTHEID
- Originally refers to a political system in South Africa which explicitly enforced racial
segregation, and the domination of one racial group to another.
- Presently de ned as a crime against humanity, committed when any inhuman or inhumane
act is perpetrated in the context of systematic oppression and domination by one racial
group over another.
B. Theories of sources of rights

1. Religious or theological approach
- Doctrine of a Supreme Being
- The divine sources gives human beings a high value of worth
- Since rights come from a Divine source, they inalienable and cannot be denied by
mortal beings
- The brotherhood of men and equality in the eyes of God
- The dignity of human person is realized through love of fellowmen
2. The natural law theory
- The conduct of men must always conform to the law of nature
• Scholastic Natural Law — law of right reason in accordance with the law of God
• Modern Theory of Natural Law — whatever is wrong to social harmony is wrong

and unjust
- Basis of the natural rights of man against oppressive rulers
- Main characteristic — natural law leaves vague what is part of the law of nations
3. The positivist theory
- All rights and authority come from the State and what o cials have promulgated
- Criticisms:
• The authority that promulgates the law may not promote human rights
• It can undermine international law because of its emphasis of the supremacy of

the national sovereignty
4. The theory of Marxism
- Emphasized the interest of society over and individual man’s interest
- Individual freedom is recognized only after the interest of society is served
- It is concerned with economic and social right over civil or political rights of community
5. The functional or sociological approach
- Human rights exist as a means of social control
- Human rights exist to serve the social interest of society
- Lays emphasis of obtaining a just equilibrium of multifarious interests among prevailing

moral sentiments and the social and economic condition of the time and place
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- Focus on rights in terms of people’s wants and concern
6. The utilitarian theory
- Seeks to de ne the notion of rights in terms of tendencies to promote speci ed ends

such as common good
- The goal is to promote the greatest happiness of the greatest number
- Everyone is counted equally, but not everyone are treated equally
7. Theories of justice
- Respect for human rights serves the ends of justice
- There is no justice in a community where there are social and economic inequalities
- The general conception of justice is one of fairness and those social primary goods
such as opportunity, income and wealth, and self-respect are to be distributed equally.
8. Theory based on equality and respect of human dignity
- Human rights means sharing values of all identi ed policies upon which human rights
depend on (e.g. respect, power, knowledge, health and security)
- The ultimate goal is a world community where there is democratic sharing and
distribution of values
C. History of human rights in the Philippines

1. Malolos Constitution (June 20, 1899) — established a Republican government, contained
several provision on civil and political rights, guaranteeing freedom from arbitrary arrest and
detention, freedom from searches and seizures, freedom to choose domicile and freedom
of religion.
2. Philippine Commission (1901) — application of American Bill of Rights upon assumption of

US Sovereignty over the Philippines
3. Jones Law
4. Tydings-Mcdu ee Law
5. 1935 Constitution
6. 1973 Constitution
7. 1987 Constitution — The State values the dignity of every human person and guarantees
full respect for human rights.
D. Human rights instruments to which Philippines is a signatory

1. International Covenant of Economic, Social and Cultural Rights (June 7, 1974) - NOTE
2. International Covenant on Civil and Political Rights (23 October 1986) - NOTE
3. Optional Protocol International Covenant on Civil and Political Rights (22 August 1989).
4. International Convention on the Elimination of All Forms of Racial Discrimination (15

September 1976),
5. International Convention on the Suppression and Punishment of the Crime of Apartheid (27
July 1987).
6. International Convention against Apartheid (27 July 1987).
7. International Convention on the Elimination of All Forms of Discrimination Against Women (5

August 1981)
8. Convention on the Political Rights of Women (12 September 1957)
9. Convention on the Rights of the Child (21 August 1990)
10. Slavery Convention of 1926 (12 July 1955)
11. Protocol Amending the Slavery Convention (17 November 1964)
12. Supplementary Convention on the Abolition of Slavery
13. The Slave Trade and Institutions and Practices (17 November 1965)
14. Convention on the Suppression of the Tra cking of Persons and the Exploitation of Others
(19 September 1952)
15. Convention on Against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (18 June 1986)
16. Convention on the Consent to Marriage, Minimum Age for Marriage and Registration of
Marriage (21 January 1965)
17. International Convention on the Protection of All Migrant Workers and Members of Their
Families (13 November 1993)
18. Convention on the Nationality of Married Women, Convention on the Status of Stateless
Persons (22 June 1955)
19. Convention Relating to the Status of Refugees (22 July 1981)
20. Convention on the Prevention and the Punishment of the Crime of Genocide (7 July
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21. 1950)
22. Convention on Non-applicability of Statutory Limitation on War Crimes and Crimes Against
Humanity (15 May 1973)
23. Protocol Additional to the Geneva Convention of 12 August 1949
24. Relating to the Protection of Victims of Non-International Armed Con icts (Protocol II) (11
July 1987).
25. Establishment of International Criminal Court
26. International Covenant on Civl and Political Rights
THE COMMISSION ON HUMAN RIGHTS
A. The Creation and Constitution of the Commission

CREATION
Article XIII, Section 17(1), 1987 Constitution. There is hereby created an independent
o ce called the Commission on Human Rights.
The Commission is a creation of the Constitution, hence, it cannot altogether be

dispensed with by Congress. However, it is not on the same level as the Constitutional
Commissions, and its full operationalization requires congressional action.
CONSTITUTED — by operation of law
Article XIII, Section 17(3), 1987 Constitution. Until this Commission is constituted, the
existing Presidential Committee on Human Rights shall continue to exercise its present
functions and powers.
At the time of the rati cation of the 1987 Constitution, until Congress passes the new
law constituting the Commission, the PCHR continued to exercise its functions, but no
longer as a statutory creation but as a constitutional creation.
How is it constituted?
A. EO 163 — DECLARING THE EFFECTIVITY OF THE CREATION OF THE

COMMISSION ON HUMAN RIGHTS AS PROVIDED FOR IN THE 1987
CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF,
AND FOR OTHER PURPOSES
NOTE:
Is EO 163 a law? Yes, by virtue of Article XVIII, Section 6 of the 1987

Constitution.
Article XVIII, Section 6, Constitution. The incumbent President shall

continue to exercise legislative powers until the rst Congress is
convened.
The First Congress is convened

Article XVIII, Section 1, Constitution. The rst elections of Members
of the Congress under this Constitution shall be held on the second
Monday of May, 1987 [May 11, 1987].
The rst local elections shall be held on a date to be determined by

the President, which may be simultaneous with the election of the
Members of the Congress. It shall include the election of all Members
of the city or municipal councils in the Metropolitan Manila area.
FISCAL AUTONOMY
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BENGZON VS DRILON, G.R. No. 103524 April 15, 1992

As envisioned in the Constitution, the scal autonomy enjoyed by the Judiciary, the
Civil Service Commission, the Commission on Audit, the Commission on Elections,
and the O ce of the Ombudsman contemplates a guarantee of full exibility to
allocate and utilize their resources with the wisdom and dispatch that their needs
require. It recognizes the power and authority to levy, assess and collect fees, x
rates of compensation not exceeding the highest rates authorized by law for
compensation and pay plans of the government and allocate and disburse such
sums as may be provided by law or prescribed by them in the course of the
discharge of their functions.

CHREA VS CHR, G.R. No. 155336, November 25, 2004

From the 1987 Constitution and the Administrative Code, it is abundantly clear that
the CHR is not among the class of Constitutional Commissions. As expressed in
the oft-repeated maxim expressio unius est exclusio alterius, the express mention of
one person, thing, act or consequence excludes all others. Stated otherwise,
expressium facit cessare tacitum – what is expressed puts an end to what is implied.
Nor is there any legal basis to support the contention that the CHR enjoys scal
autonomy. In essence, scal autonomy entails freedom from outside control and
limitations, other than those provided by law. It is the freedom to allocate and
utilize funds granted by law, in accordance with law, and pursuant to the
wisdom and dispatch its needs may require from time to time.

B. Members of the Commission

Article XIII, Section 17(2) of the Constitution. 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 o ce and other
quali cations and disabilities of the Members of the Commission shall be provided by law.
EO 163, SECTION 2.
(a) The Commission on Human Rights shall be composed of a Chairman and four
Members who must be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty ve years of age and must not have been candidates for any
elective position in the elections immediately preceding their appointment. However, a
majority thereof shall be members of the Philippine Bar.
(b) The Chairman and the Members of the Commission on Human Rights shall not, during
their tenure, hold any other o ce or employment. Neither shall they engage in the
practice of any profession or in the active management or control of any business which
in any way be a ected by the functions of their o ce, nor shall be nancially interested,
directly or indirectly, in any contract with, or in any franchise or privilege granted by the
government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
(c) The Chairman and the Members of the Commission on Human Rights shall be
appointed by the President for a term of seven years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
(d) The Chairman and the Members of the Commission on Human Rights shall receive the
same salary as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of o ce.
EO 163-A, Section 1. “The Chairman and Members of the Commission on Human Rights
shall be appointed by the President. Their tenure in o ce shall be at the pleasure of the
President.”
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BAUTISTA VS. SALONGA — EO 163-A is held as unconstitutional by the Supreme Court.
C. Powers and Functions of the Commission

1. HUMAN RIGHTS PROTECTION
2. HUMAN RIGHTS PROMOTION
3. HUMAN RIGHTS POLICY ADVISORY
Article XIII, Section 18 of the Constitution. 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
CARIÑO VS CHR, G.R. No. 96681, December 2, 1991

The Constitution clearly and categorically grants to the Commission the power
to investigate all forms of human rights violations involving civil and political
rights. It can exercise that power on its own initiative or on the complaint of
any person. It may exercise that power pursuant to such rules of procedure as
it may adopt and, in cases of violations of said rules, cite for contempt in
accordance with the Rules of Court. In the course of any investigation
conducted by it or under its authority, it may 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. It may also
request the assistance of any department, bureau, o ce, or agency in the
performance of its functions, in the conduct of its investigation or in extending
such remedy as may be required by its ndings. However, it cannot try and
decide cases (or hear and determine causes) as courts of justice, or even
quasi-judicial bodies do. To investigate is not to adjudicate or adjudge.
SIMON VS CHR, G.R. No. 100150, January 5, 1994

Based on the deliberations of the Constitutional Commission, it is apparent
that the delegates envisioned a Commission on Human Rights that would
focus its attention to the more severe cases of human rights violations.
In this case, there is no cavil that what are sought to be demolished are the
stalls, sari-sari stores and carinderia, as well as temporary shanties, erected
by private respondents on a land which is planned to be developed into a
"People's Park". ‘More than that, the land adjoins the North EDSA of Quezon
City which is a busy national highway. The consequent danger to life and limb
is not thus to be likewise simply ignored. It is indeed paradoxical that a right
which is claimed to have been violated is one that cannot, in the rst place,
even be invoked.
Hence, the demolition of the stalls, sari-sari stores and carinderia of the
private respondents cannot fall within the compartment of "human rights
violations involving civil and political rights" intended by the Constitution.
(2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court
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SIMON VS CHR, G.R. No. 100150, January 5, 1994

On its contempt powers, the CHR is constitutionally authorized to "adopt its
operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court." Accordingly, the
CHR acted within its authority in providing in its revised rules, its power "to
cite or hold any person in direct or indirect contempt, and to impose the
appropriate penalties in accordance with the procedure and sanctions
provided for in the Rules of Court." That power to cite for contempt, however,
should be understood to apply only to violations of its adopted operational
guidelines and rules of procedure essential to carry out its investigatorial
powers. To exemplify, the power to cite for contempt could be exercised
against persons who refuse to cooperate with the said body, or who unduly
withhold relevant information, or who decline to honor summons, and the like,
in pursuing its investigative work.
(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
EPZA VS CHR, G.R. No. 101476, April 14, 1992

The CHR have no jurisdiction to issue a writ of injunction or restraining order
against supposed violators of human rights, to compel them to cease and
desist from continuing the acts complained of.
The constitutional provision directing the CHR to "provide for preventive

measures and legal aid services to the underprivileged whose human rights
have been violated or need protection" may not be construed to confer
jurisdiction on the Commission to issue a restraining order or writ of injunction
for, if that were the intention, the Constitution would have expressly said so.
"Jurisdiction is conferred only by the Constitution or by law.” It is never
derived by implication.
Evidently, the "preventive measures and legal aid services" mentioned in the
Constitution refer to extrajudicial and judicial remedies which the CHR may
seek from the proper courts on behalf of the victims of human rights
violations. Not being a court of justice, the CHR itself has no jurisdiction to
issue the writ, for a writ of preliminary injunction may only be issued "by the
judge of any court in which the action is pending, or by a Justice of the Court
of Appeals, or of the Supreme Court. It may also be granted by the judge of a
Court of First Instance [now Regional Trial Court] in any action pending in an
inferior court within his district."
(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
(6) Recommend to Congress e ective 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
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(9) Request the assistance of any department, bureau, o ce, or agency in the
performance of its functions
(10)Appoint its o cers and employees in accordance with law
(11)Perform such other duties and functions as may be provided by law
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HUMAN RIGHTS LAW | FATHER SATURNINO URIOS UNIVERSITY

Nature and Principles of Human Rights

Guarantee — an assurance/promise by the State given to individuals and group of

WHY DO WE HAVE HUMAN RIGHTS?

HUMAN RIGHTS VS HUMAN RIGHTS LAW

2. Duty-holder — an entity, normally a State that is obliged to respect, to ensure and to

- States are considered as a subject in matters of international law

4. Implementation — set of measures, approaches, and initiatives designed to realize the

• Legal writs and mechanisms adopted by the government

II. Characteristics of human rights

c. Inalienable — cannot be rightfully take away from a free individual

d. Imprescriptible — they cannot be lost even by a long passage of time

III. Human rights principles

IV. Classi cations

1. Natural Rights — God-given rights, acknowledged by everybody to be morally good

MIRANDA VS. ARIZONA, 384 U.S. 436 (1966)

NOTE: The Philippine Constitution provides a more stringent application of the

PP vs DE LA CRUZ, G.R. Nos. 118866-68, September 17, 1997

1. Individual rights — those rights being accorded to individuals

C. According to the aspect of life (NOTE)

D. According to struggle for recognition

b. Political rights — rights which enable us to participate in running the a airs of

- Also known as the rst generation of liberty rights.

• Right against torture;

• Right to equal protection of the laws and against any discrimination;

• Right against arbitrary arrest and detention;

• Right to a fair and public hearing by an independent and impartial tribunal;

• Right to be presumed innocent until proven guilty;

• Right to privacy, freedom of opinion and expression

2. THE SECOND GENERATION OF HUMAN RIGHTS — covers economic, social and

the principle of unity in diversity in a climate of free artistic and intellectual

- Also known as the second generation of equality rights.

• Right to social security

• Right to form and to join trade unions;

• Right to rest and leisure

3. THE THIRD GENERATION OF HUMAN RIGHTS (SOLIDARITY/COLLECTIVE RIGHTS) —

- Also known as the third generation of solidarity rights.

• Right to humanitarian disaster relief

ANTONIO VS FACTORAN, G.R. No. 101083, July 30, 1983

LLDA VS CA, G.R. No. 110120, March 16, 1994

As a constitutionally guaranteed right of every person, it carries the correlative

E. According to derogability (to include current events) (NOTE)

Article 7. No one shall be subjected to torture or to cruel, inhuman or degrading

Article 8 — Freedom from illegal servitude

3. Freedom to manifest one's religion or beliefs may be subject only to such

2. Derivable (Relative rights) — those which may be suspended or restricted or limited

(1) It is provided for by law which is known to every citizen;

(2) There is a state of emergency which necessitates the urgent preservation of

Requisites for derogation:

- Suppression of rights in accordance to law

- Our laws are a mix of civil and common laws

2. Pursues a legitimate cause — it is only applicable in extraordinary times or

3. Equality and non-discrimination

2. Principle of necessity — derogation must be necessary

1. Duration of the derogation

3. Derogation must be consistent with international law (e.g. human rights

4. Principle of proportionality — derogation must not involve discrimination

5. State must o cially inform the international community of such measures:

V. Categories of human rights

A. freedom of conscience and religion;

B. freedom of thought, belief, opinion and expression;

C. freedom of the press and communication;

E. freedom of peaceful assembly.

F. rights to privacy, reputation, and human dignity.