Human

Rights
Education
Topic Outline
Introduction
Fundamental
Principles and
Concepts of Human
Rights
Attributes of Human Rights
Attributes of Human Rights
Classifications of Human Rights: Civil,
Political, Economic, Social and Cultural
Can human rights be validly
restricted?

Restrictions of human rights may be exercised by the State

through its police power
- Legitimate Purpose
- Done through lawful means
Constitutional Guarantees on Human
Rights
Civil Rights
Political Rights
Statutory Guarantees on Human
Rights
Statutory Guarantees on Human
Rights
Art. III (Bill of Rights)
The Right to Life
Section 1. 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 Right to Life
What are the essential requirements of
procedural due process in courts?

(1) There must be a court or tribunal clothed with judicial power to

determine the matter before it;
(2) Jurisdiction must be lawfully acquired over the person of the
defendant or over the property which is the subject of the proceedings;
(3) The defendant must be given an opportunity to be heard; and
(4) Judgement must be rendered upon lawful hearing.
[Banco Español Filipino v. Palanca, 37 Phil. 921, 934 (1918)]
The Right to Liberty
Section 1. 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 Right to Liberty
Section 1. 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 Right to Liberty
The Right to Liberty
The Right to Property
Section 1. 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.
• Art. 414 of the Civil Code.

• All things which are or may be the object of appropriation are considered either:

• (1) Immovable or real property; or

• (2) Movable or personal property.

The Right to Property
Equal Protection of the Laws

(1) must rest on substantial distinctions;

(2) must be germane to the purpose of the law;
(3) must not be limited to existing conditions only;
(4) must apply equally to all members of the same class.
Equal Protection of the Laws
Equal Protection of the Laws

III.The classification is not limited to existing conditions only and

IV. Apply equally to all members.

Right against Unreasonable Search and
Seizure
Right against Unreasonable Search and
Seizure
Right against Unreasonable Search and
Seizure
Requisites for a valid search warrant
Meaning of Probable Cause
Warrantless Search and Seizure
Warrantless Arrest
Right of Privacy of Communication and
Correspondence
Right of Privacy of Communication and
Correspondence
Right of Privacy of Communication and
Correspondence
Freedom of Speech, Expression and of the Press
Freedom of Expression
Freedom of Expression
Freedom from Censorship
Freedom from Subsequent Punishment
Right to Assemble
Freedom of Religion

SECTION 5. No law shall be made respecting an establishment of

religion, or prohibiting the free exercise thereof. The free exercise
and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Two (2) Guarantees Contained in this Section
Right to Travel and Residence

• SECTION 6. The liberty of abode and of changing the same within

the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety,
or public health, as may be provided by law.
Right to Travel and Residence
Right to Travel and Residence
Right to Information

SECTION 7. The right of the people to information on matters of

public concern shall be recognized. Access to official records, and
to documents, and papers pertaining to official acts, transactions, or
decisions, as well as to government research data used as basis for
policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
Right to Information
Freedom to Associate and Unionize

SECTION 8. The right of the people, including those

employed in the public and private sectors, to form
unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Freedom to Associate and Unionize
Right to Just Compensation in relation to the
power of Eminent Domain

• SECTION 9. Private property shall not be taken for

public use without just compensation.
Right to Just Compensation in relation to the
power of Eminent Domain
SECTION 10. No law impairing the obligation of
contracts shall be passed.
Any statute which introduces a change into the
express terms of the contract or its legal
construction, or its validity, or its discharge, or the
remedy for its enforcement, impairs the contract.
Free Access to Courts and Free Legal Assistance

SECTION 11. Free access to the courts and quasi-judicial

bodies and adequate legal assistance shall not be denied to
any person by reason of poverty.
SECTION 12. (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.
When do these rights become available?
The Miranda Right
What are the requisites for a valid waiver of these
rights?
Republic Act No. 7438
April 27, 1992
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers.
 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
 The person's "immediate family" shall include
his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or
ward.
IS POLICE LINE-UP part of custodial
investigation?
Section 4. Penalty Clause.
who fails to
inform any person arrested, detained or under custodial investigation of his right to
remain silent and to have competent and independent counsel preferably of his own
choice
What if prevented from being visited?
obstructs, prevents or prohibits any lawyer, any member
of the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, from visiting
and conferring privately with him, or from examining and treating him, or
from ministering to his spiritual needs
Right to Bail

SECTION 13. All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to
bail shall not be impaired even when the privilege of the writ of
habeas corpus is suspended. Excessive bail shall not be required.
Right to Bail
When is bail a matter of right?
When is bail a matter of discretion?
When shall bail be denied?
When shall bail be denied?
SECTION 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary
is proved and shall enjoy the right to be heard by himself and counsel, to be informed of
the nature and cause of the accusation against him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused provided that
he has been duly notified and his failure to appear is unjustifiable.
SECTION 15. The privilege of the writ of habeas corpus
shall not be suspended except in cases of invasion or rebellion,
when the public safety requires it.
Right to Speedy Disposition of Cases

SECTION 16. All persons shall have the right to a speedy

disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.
•
Right to Speedy, Impartial and Public Trial
What is meant by impartial trial?
Right against self-incrimination

SECTION 17. No person shall be compelled to be a

witness against himself.

-a question tends to be incriminating when the answer of the accused or the witness
would establish a fact which would be a necessary link in a chain of evidence to prove the
commission of a crime by the accused or the witness.
• SECTION 18. (1) No person shall be detained solely by
reason of his political beliefs and aspirations.
• (2) No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall have
been duly convicted.
• SECTION 19. (1) Excessive fines shall not be imposed, nor cruel, degrading
or inhuman punishment inflicted. Neither shall death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
• (2) The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be dealt with by law.
SECTION 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
SECTION 21. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished by a
law and an ordinance, conviction or acquittal under either
shall constitute a bar to another prosecution for the same
act.
Right against Double Jeopardy
Right against Double Jeopardy
SECTION 22. No ex post facto law or bill of attainder shall
be enacted.
An ex post facto law is one which:
An ex post facto law is one which:
Bill of Attainder
 STATUTORY RIGHTS OF THE ACCUSED

• Rule 115 - Rights of the Accused

• SECTION 1. Rights of accused at the trial. —In all criminal prosecutions, the
accused shall be entitled to the following rights:
(a) To be presumed innocent until the contrary is proved beyond reasonable doubt.

(b) To be informed of the nature and cause of the accusation against him.

(c) To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may, however, waive his presence at the
trial pursuant to the stipulations set forth in his tail, unless his presence is specifically ordered by the
court for purposes of identification. The absence of the accused without justifiable cause at the trial
of which he had notice shall be considered a waiver of his right to be present thereat. When an
accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed
to defend himself in person when it sufficiently appears to the court that he can properly protect his
rights without the assistance of counsel.
• (d) To testify as a witness in his own behalf but subject to cross-examination on matters covered
by direct examination. His silence shall not in any manner prejudice him.

(e) To be exempt from being compelled to be a witness against himself.

(f) To confront and cross-examine the witnesses against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable, or otherwise unable to testify, given in
another case or proceeding, judicial or administrative, involving the same parties and subject
matter, the adverse party having the opportunity to cross-examine him.

(g) To have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.

(h) To have speedy, impartial and public trial.

(i) To appeal in all cases allowed and in the manner prescribed by law.
Constitutional Provisions on women
 International Bill of Human Rights

Universal Declaration of Human Rights (UDHR)

International Covenant on Civil and Political Rights

(ICCPR)

International Covenant on Economic, Social and Cultural

Rights (ICESC)

Two Optional Protocols to the ICCPR

 Summary of Substantive Human
Rights Guarantees under the International Bill of Human
Rights
Guarantee UDHR ICCPR ICESCR
(1) Right against discrimination Articles 1 and Articles 2 and 3 Articles 2 and 3
2
(2) Right to life Article 3 Article 6 -
(3) Right to liberty and Security of Tenure Article 3 Article 9 -

(4) Right against slavery Article 4 Article 8 -

(5) Right against torture, cruel and inhuman Article 5 Article 7 -

treatment and punishment
(6) Right to recognition as person before the law Article 6 Article 16 -

(7) Right to equal protection of the law Article 7 Article 14 Article 26

 Summary of Substantive Human
Rights Guarantees under the International Bill of
Human Rights
Guarantee UDHR ICCPR ICESCR
(8) Right against arbitrary arrest and detention Article 9 Article 9 -
(9) Right to a hearing before an impartial tribunal Article 10 Article 14 -

(10) Right to be presumed innocent Article 11 Article 14 -

(11) Right against ex post facto law Article 11 Article 15 -

Article 12 Article 17 -
(12) Right to privacy
(13) Right to freedom of movement and residence Article 13 Article 12 -

(14) Right to seek an asylum Article 14 - -

 Summary of Substantive Human
Rights Guarantees under the International Bill of Human
Rights
Guarantee UDHR ICCPR ICESCR
(15) Right to nationality Article 15 - -
(16) Right to marry and to found a family Article 16 Article 23 Article 10
(17) Right to property Article 17 - -
(18) Right to freedom of thought, conscience and Article 18 Article 18 -
religion
(19) Right to freedom of opinion, expression and Article 19 Article 19 -
of the press
(20) Right to freedom of assembly and association Article 20 Articles 21 and 22 -
(21) Right to political participation Article 21 Article 25 -
Sources:
Thank You