Consolidated Tasks 3

CASE 1: ANACLETO BALLAHO ALANIS vs.
COURT OF
APPEALS ET AL.
G.R. No. 216425 November 11, 2020 LEONEN, J.:
Facts: Anacleto filed a Petition before the Regional Trial Court of

Zamboanga City to change his name to avoid confusion from Anaclecto
Alanis III to Abdulhamid Ballaho, his mother's maiden name which he has
been using since childhood in his school records until finishing his law
degree. He presented 11 documents, a license, cedula, and photographs
evidence to support his claim. The Regional Trial Court and the Court of
Appeals denied his Petition, hence this appeal before the Supreme Court.
Issue: Whether or not legitimate children have the right to use their mothers'
surnames as their surnames?
Ruling: Yes. Petition for Change of Name was granted, and petitioner's
name is declared to be ABDULHAMID BALLAHO.
Petitioner has shown not only some proper or compelling reason but
also that he will be prejudiced by the use of his true and official name.
Article II, Section 14 of the 1987 Constitution implies the State's positive
duty to P a g e | 1actively dismantle the existing patriarchy by addressing the
culture that supports it.
The trial court's reasoning further encoded patriarchy into our system.
If a surname is significant for identifying a person's ancestry, interpreting the
laws to mean that a marital child's surname must identify only the paternal
line renders the mother and her family invisible. This, in turn, entrenches the
patriarchy and with it, antiquated gender roles: the father, as dominant, in
public; and the mother, as a supporter, in private.
The purpose of the law in allowing change of name as contemplated

by the provisions of Rule 103 of the Rules of Court is to give a person an
opportunity to improve his personality and to provide his best interest. There
is therefore ample justification to grant fully his petition, which is not
whimsical but on the contrary is based on a solid and reasonable ground, i.e.
to avoid confusion.
NEWS: Mother allowed to change children's surname after father

fails to contact them for 4 years1
By Tara Shaskey 12 Sep, 2022 03:00 PM NZ Herald

1
https://www.nzherald.co.nz/nz/mother-allowed-to-change-childrens-surname-after-father-fails-to-contact-them-for-4-years/
MQYGSPZ4EXIBOUIPOVA7QXLI6U/
HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

A woman sought to have her husband removed as guardian or,
alternatively, to have her appointed as sole guardian for decisions regarding
the children's names, their residence (including domestic and international
travel), medical treatment, and education.
The father lives overseas and impossible to engage in guardianship

was aware of the court proceedings but took no part in them. The decision
lays bare from the former couple's history. There were difficulties in their
marriage due to the man's mental health and issues with drugs and alcohol.
The absence of the father from his family was about four years since they
separated from his wife in 2017.
The Family Court at Auckland granted the mother sole guardianship

rights in regard to a number of matters and permitted her to change the
children's surnames to her own but declined to remove the father as
guardian.
Judge Andrea Manuel granted the father leave to apply to be

reappointed as guardian for the purposes from which he has now been
excluded.
The judge said that sharing a surname would make travelling with the
children easier for the woman and that an order permitting a one-off change
of name as proposed would be in the children's welfare and best interests and
promote the principles of continuity and the children's identity being
preserved and strengthened.
HUMAN RIGHTS CONCEPT: Right to freedom from discrimination

and Gender Equality
Laws were passed to address the stereotype portrayal of men and

women. The Magna Carta of Women is comprehensive women’s human
rights law that seeks to eliminate discrimination against women by
recognizing, protecting, fulfilling and promoting the rights of Filipino
women, especially those in marginalized sector. It enumerates the rights of
women living in the country and abroad. It also emphasizes the collective
participation of every individual in implementing this law. Gender equality
legal mandates can also be found in the 1987 Philippine Constitution
particularly:

Section 14, Article 2 of the 1987 Philippine Constitution provides
that the State recognizes the role of women in nation-building and shall
ensure the fundamental equality before the law of women and men. Section
24, Article 2 of the 1987 Philippine Constitution recognizes the vital role of
communication and information in nation-building. Section 4, Article 3 of
the 1987 Philippine Constitution, “No law shall be passed abridging the
freedom of speech, of expression or of the press, or the right of the people to
peaceably assemble and petition the government for redress of grievances.
There are several international laws, conventions and campaigns that

recognize the rights of women throughout the globe. According to UN
Women in their website: "Progress towards gender equality is looking bleak.
But it doesn’t need to. A new global analysis of progress on gender equality
and women’s rights shows women and girls remain disproportionately
affected by the socioeconomic fallout from the COVID-19 pandemic,
struggling with disproportionately high job and livelihood losses, education
disruptions and increased burdens of unpaid care work.”
The current status of women in the Philippines according to World

Bank Blogs peened by Helle Bucchave and Nadia Belhaj Hassine Belghith is
both a cause for optimism and a reason to accelerate efforts for promoting
better access to jobs for all women. In the article, the Philippines is a best
performer when it comes to gender equality in the East Asia and Pacific
(EAP) region and even globally. The performance is the second best in the
EAP region, after New Zealand.
INSIGHT: Gender Equality: An equal has no authority over an equal
According to Stephen Shahinian, “when a wrong conclusion becomes

engrained in a society, after a while it becomes a static truth. We started
viewing it as absolute. Anyone that opposes a long-held and widely held
position is exposed to vehement resistance from the crowd. That person can
sometimes be ostracized”. He suggests way to mitigate by: “Next time when
someone opposes a widely held truth, remain open-minded until you have
understood the reasoning. Try to remain neutral, while trying to validate or
discount the position with logic and facts. On a positive note, society has
lived with this condition for centuries and it will go forward with it, so it’s
not that bad. Just be aware that these confusions exist everywhere”.
As to Social standing, according to Samantha Eisert and Danny Rahal,
“people of high social status symbol tend to perceive difficult situations as
challenging rather than threatening because they know they will be able to
cope regardless of the outcome. Contrastingly, people of low social status
symbol tend to view difficult situations as more threatening because,
usually, more of their resources are at stake if a negative outcome were to
result”. This is the real notion of social standing for every individual wherein
there is unequal access to resources within a complex social hierarchy. That
is why we hunger to elevate our social standing as individuals. So, as a
country, we too act in elevating our nation's social standing.

Gender equality is essential to the progress of a country. I do not
know why such a belief exists that men are dominant over women. Women
are being abused so that in order to achieve anything, a woman would likely
be willing to submit herself in exploitation to men who monetize the
weakness of that woman. I see no difference between the sexes because we
are all unique and capable of anything if we have the diligence to learn, no
matter how many resources we have. A woman can do what a man does
because physical differences are not the limit. In the news here, the judge
allowed the request of a woman to change the surnames of her three children
for the benefit of the latter. I experienced tremendous change when I became
a mother. Research showed that there is a loss of gray matter in the part of
our brain during pregnancy, while it is not the case for nonparents and
fathers. I think this is why we demand a better society for our offspring and
we mature more than our partners.
CASE 2: BRIGIDO R. SIMON JR. vs. COMMISSION ON HUMAN
RIGHTS
G.R. No. 100150 January 5, 1994 VITUG, J.:
Facts: Private respondents were informed by petitioner Quimpo that their

stalls should be removed to give way to the "People's Park. After that,
Demolition notice giving a 3 days to vacate premises of North Edsa signed
by Executive Officer under the Office of the Mayor Carlos Quimpo was sent
to and received by the private respondents being the officers and members of
the North EDSA Vendors Association Incorporated. The group filed a letter-
complaint with the CHR against the petitioners. The CHR at first, ordered
for the desistance of the demolition and ordering petitioners to appear before
it. On the basis of the sworn statements submitted by the private respondents
and CHR's own ocular inspection, the petitioners were ordered to desist and
disbursed the demolition of stalls.
Issue: Whether or not the public respondent CHR has jurisdiction over the
case?
RULING: No. The Petition for prohibition is granted. The temporary

restraining order heretofore issued by this Court is made permanent.
The CHR has no jurisdiction to take over the case. The Supreme Court
are not prepared to conclude that the order for the demolition of the
stalls, sari-sari stores and carinderia of the private respondents can fall
within the compartment of "human rights violations involving civil and
political rights" intended by the Constitution. The Supreme Court further
ruled that in the particular case at hand, 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, this Court can take judicial notice of, 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 first place, even be invoked, if it is, in fact, extant.
NEWS: City office brace for summary demolition of illegal

structures
By Dexter A. See 25 Oct. 2022
Mayor Mauricio G. Domogan ordered concerned offices of the local

government to adopt measures that will ensure the immediate removal of
illegal structures that are being erected on titled properties, safeguarded, and
protected lands in the different parts of the city. In the issuance of clearance
on road-right-of-way, it was agreed that the City Engineer will only issue the
clearance whether or not the lot being applied by an individual for titling
falls within the road-right-of-way of existing city and barangay roads and it
is not within the jurisdiction of the said office to conclude whether or not the
said are being applied for will no longer be needed by the local government
for its public requirements.
The City Engineering Office was also tasked to ensure that the
measurement of city and barangay roads will conform with prescribed
standards so that there will be no deviations in the measurement of roads in
the different parts of the city thereby allowing applicants for the titling of
lands to reportedly encroach on the road-right-of-way of the said roads that
contribute to the construction of existing roads.
Domogan agreed to the suggestions that there should be a map
showing the city’s road network and the metes and bounds of roads is that it
will be easier for concerned offices to determine whether or not there are
already encroachments that are being done by individuals building structures
in their supposed lands in the different parts of the city.
On the other hand, the secretariat of the City Anti-squatting and
Illegal Structures Committee was requested to fastrack the issuance of
summary demolition orders for on-going illegal construction activities on
titled properties, safeguarded and protected lands in the city so that the
removal of the erected structures will be easier compared to the situation
when the built structure will be completed before being demolished.
Previously, the measurement of the road-right-of-way of city and
barangay roads were based on the edges of titles that were issued to property
owners in the area but there were some property owners who allegedly
extended their properties to the extent that the same had encroached in the
road-right-of-way of city and barangay roads.
HUMAN RIGHTS CONCEPT: A right which is claimed to have
been violated is one that cannot, in the first place, even be invoked, if it
is, in fact, extant.

According to humanrightscareers.com, a state commits human rights
violations either directly or indirectly. Violations can either be intentionally
performed by the state and or come as a result of the state failing to prevent
the violation. When a state engages in human rights violations, various
actors can be involved such as police, judges, prosecutors, government
officials, and more. The violation can be physically violent in nature, such as
police brutality, while rights such as the right to a fair trial can also be
violated, where no physical violence is involved. The second type of
violation – failure by the state to protect – occurs when there’s a conflict
between individuals or groups within a society. If the state does nothing to
intervene and protect vulnerable people and groups, it’s participating in the
violations.
Thee government must respect, protect, and fulfill human rights.
When violations occur, it’s the government’s job to intervene and prosecute
those responsible. The government must hold everyone (and itself)
accountable. However, this doesn’t mean that members of civil society don’t
also have a responsibility to prevent human rights violations. Businesses and
institutions must comply with discrimination laws and promote equality,
while every individual should respect the rights of others. When
governments are violating human rights either directly or indirectly, civil
society should hold them accountable and speak out. The international
community also has an obligation to monitor governments and their track
records with human rights. Violations occur all the time, but they should
always be called out. Civil rights are the rights of each person to exist in a
society without facing unfair treatment or discrimination; they ensure equal
social opportunities and equal protection under the law – regardless of race,
ethnicity, gender, religion, or other characteristic. Civil rights exist to protect
individuals from actions by the government, organizations, or other persons.
Political rights allow individuals to participate freely in the political system.
This includes voting and holding public office. Political rights are supposed
to ensure that an individual can join a political party, attend a protest, or
other political activities without fear of repression. Both civil and political
rights are at the core of international human rights law.
INSIGHT: Salus populi est suprema lex: The welfare of the people is
the supreme law
“Fundamental rights and freedoms may be restricted by law, in
conformity with the letter and spirit of the Constitution, with the aim of
safeguarding the indivisible integrity of the State with its territory and
nation, national sovereignty, the Republic, national security, public order,
general peace, the public interest, public morals and public health, and also
for specific reasons set forth in the relevant Articles of the Constitution”.2
In the case at bar, the petitioner and other stall owners who wrongfully
invoked their rights were subject to the police power of the state by reason
of the general welfare and public interests of the majority. The petitioners in
this case should communicate with the local government unit to address a
venue for them to continue business. This procedure may take a long time,
2
https://www.lawyersnjurists.com/article/exercise-of-fundamental-rights-cannot-be-invoked-in-exceptional-circumstances-discuss/

but it alleviates agony for both parties. Communication is a very effective
tool to bridge gaps, especially today because of the introduction of new
technologies. An aggrieved citizen may email representatives, leave
comments, and gather signatures through digital platforms.
Traffic congestion effects include increased carbon dioxide emissions,
frustration, and economic loss, in which the economic effects of traffic in
Metro Manila is equivalent to about PHP 3 billion per day. Meanwhile the
Japan International Cooperation Agency (JICA) estimates a loss of about
PHP 3.5 billion per day in Cebu because of traffic congestion. 3 This is to
bend the rod while it is hot. The Civil Code provides the rights of the owner
of a property, and these are: the right to possess, the right to use and enjoy,
the right to the fruits, the right to dispose, and the right to vindicate or
recover. These rights are being violated by non-titled owners through the
erection of illegal structures on titled properties. In the article, it is well
noted that there is community participation with regard to this matter
because of the word "suggestion." I think this is more proper than the local
government's actions towards the stall owners in this case.
Local Governments Unit though they may be closest to the locals they
must effectively addressed problems by means of communication of the
ways to address such existing chaos. I believe that solutions to problems
come from those who have experienced it and we must learn from them.
CASE 3: CECILIA ZULUETA vs. COURT OF APPEALS ET AL.

G.R. No. 107383 February 20, 1996 MENDOZA, J.:
Facts: Cecilia Zulueta is the wife of Alfredo Martin who entered his clinic
with her mother, a driver and Alfredo Martin’s secretary and forcibly opened
the drawers and cabinet in the clinic and took 157 documents consisting of
private correspondence between Dr. Martin and his alleged paramours. The
documents and papers were seized for use in evidence in a case for legal
separation and for disqualification from the practice of medicine which
petitioner had filed against her husband.
Dr. Martin filed a case for recovery of the documents and papers and
for damages against petitioner with the Regional Trial Court of Manila. The
trial court declared the documents and papers to be properties of private
respondent, ordered petitioner to return them to private respondent and
enjoined her from using them in evidence. The Regional Trial Court and the
Court of Appeals granted Dr. Martin’s Petition and dismissed private
respondent's complaint. Hence, this petition for review filed before the
Supreme Court.
Issue: Whether or not the evidence obtained can be held inadmissible as it

violated the rights of privacy of communication?
Ruling: Yes. The petition for review is denied for lack of merit.
3
https://onroadtips.com/effects-of-traffic-in-the-philippines/

TThe constitutional injunction declaring "the privacy of
communication and correspondence [to be] inviolable". The only exception
to the prohibition in the Constitution is if there is a "lawful order [from a]
court or when public safety or order requires otherwise, as prescribed by
law." Any violation of this provision renders the evidence obtained
inadmissible "for any purpose in any proceeding." A person, by contracting
marriage, does not shed his/her integrity or his right to privacy as an
individual and the constitutional protection is ever available to him or to her.
The law insures absolute freedom of communication between the
spouses by making it privileged. Neither husband nor wife may testify for or
against the other without the consent of the affected spouse while the
marriage subsists. Neither may be examined without the consent of the other
as to any communication received in confidence by one from the other
during the marriage, save for specified exceptions.
NEWS: Privacy law violations: who investigates and what are the
consequences?
By Elisa Fernández-Arias Oct 26, 2022 WFMZ News
Eighty-five percent of American adults say they go online daily—and

31% say they're online constantly—which is likely no surprise considering
how much of our modern lives have become tethered to the internet. It's not
only the hours we spend scrolling through our social media feeds, checking
email, and streaming music playlists. Many of the businesses and services
we use to send money, sign documents, view bills, schedule doctor
appointments, or check our bank statements store our information digitally
long after we've logged off. To protect all the countless pieces of our digital
lives stored online, on the cloud, and on computer servers, privacy laws are
critical to deterring theft and safeguarding our confidential information.
To learn about the different privacy laws in the U.S., including what
types of privacy they protect, who enforces them, and what consequences of
their violations are, TripleBlind compiled a list of federal privacy laws and
investigated who enforces them using a variety of government and academic
sources.
When it comes to how the U.S. manages privacy, its management
processes are very siloed—especially compared to how Europe protects
privacy, for example. The European Union allows for the free flow of
information among member nations under the General Data Protection
Regulation, an umbrella law that governs nearly every form of personal data
and sets strict requirements for the protection of all processing and personal
data. The U.S. protects particular data types under specific circumstances, as
reflected in most privacy acts passed.
The U.S. Constitution does not specify any provisions for privacy
protection. Still, several constitutional amendments have been interpreted in
legal decisions as bearing weight on various forms of privacy, including the
Third Amendment's protection of the privacy of one's home and the Fifth
Amendment's protection against self-incrimination, which also extends to
the security of private information.

Legislation related to the issue of privacy protections is extensive in
terms of what it addresses and what it does not. It can be challenging to
understand precisely what type of privacy each act protects, which
government entity or entities investigate violations of each act, and what
consequences of violations of each act resemble.
HUMAN RIGHTS CONCEPT: The constitutional injunction
declaring "the privacy of communication and correspondence [to be]
inviolable”.
Sec. 3, Art. III. (1): The privacy of communication and correspondence

shall be inviolable except upon lawful order of the court, or when public
safety or order requires otherwise as prescribed by law. (2) Any evidence
obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.
 The right of privacy is basically “the right to be let alone”.
 Part of the right to be let alone is necessarily the corresponding
freedom to communicate in confidence with other people without its
contents being disclosed to others, especially the government.
 It is the right of an individual to “to be free from unwarranted
interference by the public in matters in which the public or
government is not necessarily concerned.
 In the first paragraph, the Constitution requires that there be a court
order, or a justifiable and substantial state interest, such as public
safety or order, before interference with the privacy of
communications and correspond, and that it should be prescribed or
set out in law.
 The second paragraph discusses and declares mandatory that any
evidence obtained in violation of its proscriptions shall be useless or is
inadmissible for any proceeding.
 The people’s right of privacy protects them from the abuses of the
government where it recognizes one’s right to be secure in their
houses. Three Strands of the Right to Privacy (as discussed by Justice
Reynato Puno in his speech “The Common Right to Privacy”)
o Decisional privacy —The concept of liberty would be
emasculated if it does not likewise compel respect for his
personality as unique individual whose claim to privacy and
interference demands respect [Morfe v. Mutuc, 22 SCRA 424
(1968)
o Informational privacy —pertains to (1) the right of an
individual not to have private information be disclosed, and (2)
to live freely without surveillance and intrusion [Whalen v.
Roe, 429 US 589, (1977)
o Situational privacy —It is the privacy that is felt in physical
space, such as that which may be violated by trespass or
unwarranted searches and seizure.

INSIGHT: Edward Snowden: “Privacy is a function of liberty.”
Accessibility to information has become easier since the gradual

upgrade of technology. A device that accesses data and information from
people can be created by anyone. It is not only about the internet but also
about social media, mobile phones, and other digital devices. Data or
information obtained may destroy a country, or it can be used in a way that
makes it more dangerous for people. The government should take measures
to protect the privacy of its citizens by using various security features on all
electronic devices such as computers, mobile phones, tablets, etc. It is
necessary for every citizen, especially those who are in public office like
presidents, prime ministers, ministers, etc., to use secure mode whenever
they want to send an email or text message online so that no one could
intercept their personal details through any network system, which means
hacking into their computer system.
A study conducted by Susanne Barth and Menno D.T. de Jo
demonstrates that decision making takes place on an irrational level,
especially when it comes to mobile computing. Mobile applications in
particular are often built up in such a way that spurs decision making that is
fast and automatic without assessing risk factors. Protection measures
against these unconscious mechanisms are often difficult to access while
downloading and installing apps. Even with mechanisms in place to protect
user privacy, users may not have the knowledge or experience to enable
these mechanisms. Users of mobile applications generally have very little
knowledge of how their personal data are used. When they decide which
application to download, they typically do not rely on the information
provided by application vendors regarding the collection and use of personal
data.
Other research finds that users are much more likely to be swayed by
cost, functionality, design, ratings, reviews and number of downloads than
requested permissions, regardless of how important users may claim
permissions to be when asked. In addition, we should also take measures to
protect the privacy of information obtained from clients in the exercise of
our profession. It is also a fundamental human right that every citizen has
the freedom to enjoy without any kind of interference from others. One
principle to follow in the field of law is to keep client information
confidential up until the lawyer's death.
CASE 4: DEPARTMENT OF EDUCATION, CULTURE AND

SPORTS (DECS) vs. ROBERTO REY C. SAN DIEGO ET
AL.
G.R. No. 89572 December 21, 1989 CRUZ, J.:
Facts: Roberto has a degree of Bachelor of Science in Zoology and took the
NMAT three times and flunked it as many times. When he applied to take it
again, DECS rejected his application on the basis of the rule that a student
shall be allowed only three times. He then went to the Regional Trial Court
of Valenzuela. He invoked his constitutional rights to academic freedom and
quality education. The trial court allowed him to take the NMAT again.
Later, in an amended petition filed with leave of court, he squarely
challenged the constitutionality of MECS Order No. 12, Series of 1972
based on the grounds of due process and equal protection. The trial court
granted the petition. Hence, this appeal before the Supreme Court.
Issue: Whether or not MECS Order No. 12, Series of 1972 unconstitutional?
Ruling: No. WHEREFORE, the petition is GRANTED. The decision of the

respondent court is REVERSED,
While every person is entitled to aspire to be a doctor, he does not
have a constitutional right to be a doctor.
The right to quality education invoked by the private respondent is not
absolute. The Constitution also provides that "every citizen has the right to
choose a profession or course of study, subject to fair, reasonable and
equitable admission and academic requirements. A law does not have to
operate with equal force on all persons or things to be conformable to Article
III, Section 1 of the Constitution. The equal protection requires is equality
among equals. The Court feels that it is not enough to simply invoke the
right to quality education as a guarantee of the Constitution: one must show
that he is entitled to it because of his preparation and promise. The private
respondent has failed the NMAT five times. While his persistence is
noteworthy, to say the least, it is certainly misplaced, like a hopeless love. It
is time indeed that the State took decisive steps to regulate and enrich our
system of education by directing the student to the course for which he is
best suited as determined by initial tests and evaluations. Otherwise, we may
be "swamped with mediocrity," in the words of Justice Holmes, not because
we are lacking in intelligence but because we are a nation of misfits.
NEWS: National Children’s Day: Quality education is not a
privilege, it’s a human right
by Norman Cloete November 5, 2022 IOL News
The right to education is among the freedoms afforded to children in

section 28 of the South African Bill of Rights. Yet according to the 2021
General Household Survey, the drop-out rate among school-going learners
increased over the last year. Managing director of NGO Crew for a Cause,
Matthew Sterne, said the imperative rests with all sectors as well as South
African society at large. This assertion was supported by a review of the
current state of affairs in schools across the country, one characterized by
run-down infrastructure, overcrowded classrooms and poor educational
outcomes. The research revealed that many of the country’s schools lack
facilities such as basic sanitation, demarcated classrooms that are large
enough to host the required number of learners and learning materials such
as textbooks and stationery.

In an appeal to decision-makers in the private sector as well as
members of civil society, former Unisa vice-chancellor Professor Mandla
Makhanya urged individuals to "take ownership" of these issues and do their
part in investing in the future of the next generation of South Africans. The
government’s limited fiscus necessitates partnerships between all role-
players within society towards a unified goal of building a more equitable
educational environment in South Africa. Sterne suggests the rhetoric needs
to shift from seeing education as a problem for the government to seeing it
as an opportunity for all South Africans to be a part of the solution. Molo
Songololo director Patric Solomon said recent amendments to the Children’s
Bill, for example, aim to improve the definition of abandoned and orphaned
children and related matters. However, crime stats and reports indicate that
South Africa is failing to protect children. "Incidents of child neglect,
bullying, abuse and exploitation are common across South Africa. Many
poor urban and rural children struggle to access child protection services and
systemic poverty and violence are impacting negatively on our children.
Child protection must be everybody’s business," he said. Solomon said
while government social support for vulnerable children improved with
more than 10 million now benefiting from social grants, far too many
children continue to experience poverty, hunger, neglect, abuse, violence
and crime.
HUMAN RIGHTS CONCEPT: Right to Education4
The right to education is not only the right to access education but also
the right to receive an education of good quality. Education must be
available and accessible but also acceptable and adaptable. It is a dynamic
concept guaranteed by international law. 'Quality is at the heart of education.
It influences what students learn, how they learn and what benefits they
draw from their education' (EFA GMR 2005, Education for All – The
Quality Imperative). Quality education is a dynamic concept. It evolves with
time and is subject to social, economic and environmental conditions.
However, international human rights law provides a general legal framework
that guarantees quality education.
Article 26 of the Universal Declaration of Human Rights (1948) - and
the main treaties that guarantee the right to education – have defined the
aims of education which impact on the content of education, teaching and
learning processes and materials, the learning environment and learning
outcomes.
This has been reaffirmed and developed in the International Covenant
on Economic, Social and Cultural Rights (1966, Article 13(1)) and the
Convention on the Rights of the Child (1989, Article 29(1)), as interpreted
by the Committee on the Rights of the Child (CRC) in General Comment 1
(2001) on the aims of education. Based on this international legal
framework, students must receive a quality education that enables their
personalities, talents and abilities and to live a full and satisfying life within
society. The aims of education go far beyond acquiring numeracy and
4
https://www.right-to-education.org/issue-page/quality-education

literacy skills. Basic skills also include 'life skills such as the ability to make
well-balanced decisions; to resolve conflicts in a responsibility, critical
thinking, creative talents, and other abilities which give children the tools
needed to pursue their options in life' (CRC, General Comment 1, 2001:
Para. 9). There should be an appropriate number of classrooms, accessible to
all, with adequate and separate sanitation facilities for girls and boys.
Schools should protect from the elements (Committee on Economic, Social
and Cultural Rights, General Comment 13, 1999). School discipline has to
be administered in a manner consistent with the child’s human dignity
(Article 28 (2), CRC, 1989) and education must promote non-violence in
school (CRC, General Comment 1, 2001).
INSIGHT: A good education is a foundation for a better nation.
The aims of education, as set out in the International human rights law
(IHRL), are all directed to the realization of the individual’s rights and
dignity. These include, among others, ensuring human dignity and the full
and holistic development of the human personality; fostering physical and
cognitive development; allowing for the acquisition of knowledge, skills,
and talents; contributing to the realization of the full potential of the
individual; enhancing self-esteem and increasing confidence; encouraging
respect for human rights; shaping a person’s sense of identity and affiliation
with others. Education is also transformative for the state and society. As
one of the most important mechanisms by which social groups, in particular
indigenous peoples and minorities are maintained from generation to
generation, passing on language, culture, identity, values, and customs,
education is also one of the keyways states can ensure their economic,
social, political, and cultural interests. The main role of education within a
society and the state is to: Allow for the transmission of culture, values,
identity, languages, and customs from one generation to the next; Promote
sustainable economic growth; Foster democratic and peaceful societies;
Encourage participation and inclusion in decision-making processes;
Encourage a rich cultural life.
The Supreme Court lifted the words of Justice Holmes "not because
we are lacking in intelligence but because we are a nation of misfits" in
ruling of the constitutionality of National Medical Admission Test against
those who failed three times in the admission test. If these words from
Justice Holmes are applicable to the right to quality education, I believe that
they are also applicable when choosing candidates for job positions. Many
employees hired are unrelated to their duties in a government office or any
other office. Despite their lack of a business degree, some of them are hired
to do financial work. I was upset in this kind of setting because the
appropriate candidate to do the job was not hired. I know this because I was
part of the selection committee for first level position in my previous job in a
government office. It is prevalent now, and we are in the midst of lacking
intelligence and a nation of misfits in this kind of scenario, which is

degrading. In this time, we should think that we are trying to feed a nation,
not just a particular family. And if we choose an employee who is deserving
and whose profession is in line with the position, we destroy the notion of
misfits and lack of intelligence.
CASE 5: In the Matter of the IBP Membership Dues Delinquency of
Atty. MARCIAL A. EDILION
A.M. No. 1928 August 3, 1978 CASTRO, C.J.:
Facts: Marcial A. Edillon is a duly licensed practicing attorney in the
Philippines. Integrated Bar of the Philippines adopted Resolution No. 75-65
paragraph 2, Section 24, Article III of the By-Laws of the IBP in
Administrative Case No. MDD-1 recommending to the Court the removal of
the name of the respondent from its Roll of Attorneys for stubborn refusal to
pay his membership dues" to the IBP despite due notice. The respondent
argued that the above provisions of the Court Rule and of the IBP By-Laws
are void and of no legal force and effect because it constitute an invasion of
his constitutional rights in the sense that he is compelled financial support of
IBP to which he is admittedly personally antagonistic deprived him of the
rights to liberty and property guaranteed to him by the Constitution and the
said matter is not among the justiciable cases triable by the Court but is
rather of an "administrative nature pertaining to an administrative body.
Issue: Whether or not the Court Rule 139-A and of the IBP By-Laws of the
Integrated Bar of the Philippines are void and of no legal force and effect?
Ruling: No. WHEREFORE, premises considered, it is the unanimous sense

of the Court that the respondent Marcial A. Edillon should be as he is hereby
disbarred, and his name is hereby ordered stricken from the Roll of
Attorneys of the Court.
The practice of law is not a vested right but a privilege clothed with
public interest The practice of law being clothed with public interest, the
holder of this privilege must submit to a degree of control for the common
good, to the extent of the interest he has created. The State, in order to
promote the general welfare, may interfere with and regulate personal
liberty, property and occupations. Thus, when the respondent Edillon
entered upon the legal profession, his practice of law and his exercise of the
said profession, which affect the society at large, were (and are) subject to
the power of the body politic to require him to conform to such regulations
as might be established by the proper authorities for the common good, even
to the extent of interfering with some of his liberties.
NEWS: Iran pays delinquent UN membership fee with funds frozen
in S Korea5
January 23, 2022 Business Standard
Iran has paid its dues to the UN with the country's funds frozen in
South Korea in a move to immediately restore its voting power, Seoul's
5
https://newskarnataka.com/world/asia/iran-pays-delinquent-un-membership-fee-with-funds-frozen-in-s-korea

Finance Ministry said on Sunday. Iran made an emergency request to South
Korea on January 13 for the use of Tehran's funds in Seoul to pay its dues
after being informed by the UN it would immediately lose its voting rights
for the arrears, reports Yonhap News Agency.
Iran has more than $7 billion in funds for oil shipments frozen at two
South Korean banks -- the Industrial Bank of Korea and Woori Bank -- due
to U.S. sanctions.
The US reimposed the sanctions on Tehran in 2018 when former
President Donald Trump pulled out of a 2015 landmark nuclear agreement
with Iran and five major world powers.
The Ministry of Economy and Finance said $18 million, part of the
delinquent fees, was paid to the UN on Friday, using the Tehran assets
frozen in South Korea after consultations with related organisations,
including the US Office of Foreign Assets Control and the UN Secretariat.
"Iran's right to vote at the General Assembly is expected to be restored
immediately with the payment," the Ministry said in a statement.
It marks the second time for Iran to use its funds held in South Korea to pay
the UN fee following a similar case last year.
HUMAN RIGHTS CONCEPT: The State, in order to promote the

general welfare, may interfere with and regulate personal liberty,
property and occupations.
In Ermita- Malate Hotel and Motel Operators association vs. City of

Manila the Supreme Court (G.R. No. L-24693) ruled that:
Nor does the restriction on the freedom to contract, insofar as the challenged
ordinance makes it unlawful for the owner, manager, keeper or duly
authorized representative of any hotel, motel, lodging house, tavern,
common inn or the like, to lease or rent room or portion thereof more than
twice every 24 hours, with a proviso that in all cases full payment shall be
charged, call for a different conclusion. It was intended to curb the
opportunity for the immoral or illegitimate use to which such premises could
be, and, according to the explanatory note, are being devoted. Moreover,
petitioners cannot be unaware that every regulation of conduct amounts to

curtailment of liberty which as pointed out by Justice Malcolm cannot be
absolute. Liberty' as understood in democracies, is not license; it is 'liberty
regulated by law.' Implied in the term is restraint by law for the good of the
individual and for the greater good of the peace and order of society and the
general well-being. No man can do exactly as he pleases. Every man must
renounce unbridled license. The right of the individual is necessarily subject
to reasonable restraint by general law for the common good. The liberty of
the citizen may be restrained in the interest of the public health, or of the
public order and safety, or otherwise within the proper scope of the police
power."
A similar observation was made by Justice Laurel: "Public welfare,
then, lies at the bottom of the enactment of said law, and the state in order to
promote the general welfare may interfere with personal liberty, with
property, and with business and occupations. Persons and property may be
subjected to all kinds of restraints and burdens, in order to secure the general
comfort, health, and prosperity of the state. Liberty is a blessing without
which life is a misery, but liberty should not be made to prevail over
authority because then society will fall into anarchy. Neither should
authority be made to prevail over liberty because then the individual will fall
into slavery. The citizen should achieve the required balance of liberty and
authority in his mind through education and personal discipline, so that there
may be established the resultant equilibrium, which means peace and order
and happiness for all.
INSIGHT: Albert Schweitzer: To work for the common good is the

greatest creed.
For the Ancient Greeks, the Common Good was the flourishing of the
hierarchical network of people, known as the polis or state. For Plato, the
best political order is one in which the entire society submits to the dictates
of the leaders' faculty of Reason, even communistically holding possessions,
wives, and children in common, creating a "cohesion and unity" that
"result[s] from the common feelings of pleasure and pain which you get
when all members of a society are glad or sorry for the same successes and
failures." For Aristotle, a common good is synthesized
upwardly/teleologically from the lesser goods of individuals, and their
various kinds of larger-and-larger partnerships: marital couple, or parent-
over-child, or master-over-slave, etc. Aristotle ties up the Common Good of
the state, with that of friendship, implying by this, that friendly, rational
discourse is the primary activity by which citizens and rulers bring about the
Common Good, both amongst themselves, and so far as it involves their
inferiors. According to one common contemporary usage, rooted in
Aristotle's philosophy, common good then refers to "a good proper to, and
attainable, only by the community, yet individually shared in, by its
members."
To serve the public is for the common good of all. As the quote said
that public service is a public trust which means that one’s exercise of

profession bound to commit oneself as a public servant to obey due
diligence in the exercise of one’s duty. One’s decision should be guided well
on how to use the resources and powers which should be used for the
betterment of the community and for the welfare of the people in general. As
a person bound with public interest professionalism in the workplace should
be observed and based on many factors, including on how you dress, carry
yourself, your attitude and how you interact with others. The definition of
professionalism indicates that each person perform their task with genuine
earnest and honesty. Adhere to your commitment-live up to your
commitment everytime. This was not embodied by Marcial Edillon and
therefore be disbarred from practicing law. For not doing so may invite
deliquency to lawyers who would do the same as the mistake of Mr. Edillon.
This measure taken by the Supreme Court is a preventive measure just like
what happen to Iran about paying delinquent UN membership dues in which
Iran's right to vote was to be lose if not paid.
CASE 6: MAXIMO CALALANG vs. A. D. WILLIAMS, ET AL.
G.R. No. 47800 December 2, 1940
LAUREL, J.:
Facts: Maximo Calalang brought a petition for a writ of prohibition against

respondents. It is alleged in the petition that the respondents have caused and
enforced the prohibition of animal-drawn vehicles from passing along
Rosario St. extending from Plaza Calderon de la Barca to Dasmarinas Street
(from 7:30am-12:30pm and from 1:30-5:30p.m.); and Rizal Avenue
extending from the railroad crossing at Antipolo Street to Echague Street
(from 7-11a.m.) for a period of one year from the date of the opening of the
Colgante Bridge, to the detriment not only of their owners but of the riding
public as well.
The petitioner avers that the rules and regulations to regulate and
control the use of and traffic on national roads, pursuant to Commonwealth
Act No. 548, infringe upon the constitutional precept regarding the
promotion of social justice to insure the well-being and economic security of
all the people.
Issue: Whether or not CA No 548 constitutes as an unlawful interference

with legitimate business or trade and abridge the right to personal liberty and
freedom of locomotion?
Ruling: No. The petition for a writ of prohibition is denied.

In enacting said law, the National Assembly was prompted by
considerations of public convenience and welfare. Persons and property may
be subjected to all kinds of restraints and burdens, in order to secure the
general comfort, health, and prosperity of the state (U.S. v. Gomez Jesus, 31
Phil., 218).
Social justice is "neither communism, nor despotism, nor atomism,
nor anarchy," but the humanization of laws and the equalization of social
and economic forces by the State so that justice in its rational and

objectively secular conception may at least be approximated. Social justice
means the promotion of the welfare of all the people, the adoption by the
Government of measures calculated to insure economic stability of all the
competent elements of society, through the maintenance of a proper
economic and social equilibrium in the interrelations of the members of the
community, constitutionally, through the adoption of measures legally
justifiable, or extra-constitutionally, through the exercise of powers
underlying the existence of all governments on the time-honored principle of
salus populi est
suprema lex.
NEWS: A triumph of justice6

November 12, 2022 Philippine Daily Inquirer
The Australian national, Peter Gerard Scully, 59 years old was

sentenced to 129 years in prison for his offenses against children, most of
which occurred in the cities of Surigao, Malaybalay, and Cagayan de Oro in
2012. Sentenced along with Scully were his three co-conspirators, including
Lovely Margallo, his alleged girlfriend, who was sentenced to 126 years;
Alexander Lao, a taxi driver who also drove for Scully; and a certain Maria
Dorothea Chia. Scully was arrested in Bukidnon in 2015, after the Dutch
government reported that Scully was broadcasting videos of child abuse and
sexual exploitation to clients in Europe. Testimonies of witnesses said the
incidents of abuse were filmed and uploaded on exclusive pornography
websites, with payments collected via money transfer.
A Department of Justice (DOJ) report said Scully and his partner
“would photograph and/or film or take videos of minors while being naked
and while performing sexual acts either by themselves, or with other
children, and/or with Scully and/or Margallo.”Often, the report said, the
exploitation of the children would be done under the guise of adopting the
youngsters, “supposedly taking good care of them, feeding them and sending
them to school. Instead, the said little ones were exploited, abused and
molested.” Aside from Scully’s coaccused, equal scrutiny must be trained on
others who facilitated the abuse of the children, including the parents of the
children themselves.
Justice Secretary Jesus Crispin Remulla has declared that “we will not
accept that this will continue in our country.” Indeed, poverty plays a major
role in the growth and proliferation of child sexual exploitation here. But
equally to blame is the lax attitude of law enforcers and policymakers,
including social workers and teachers; the entitlement that some parents
assume over their children and the sense of helplessness fostered within the
family; and the indifference of the wider community to this especially
heinous crime against our children. Scully’s record-breaking sentence is a
triumph of justice for the innocent lives needlessly lost and ruined, and may
deter many others tempted to follow in his footsteps. But unless more
6
https://opinion.inquirer.net/158661/a-triumph-of-justice

stringent measures are taken to punish perpetrators and protect our children,
the scandal may even grow to unimagined proportions.
HUMAN RIGHTS CONCEPT: Social justice is "neither
communism, nor despotism, nor atomism, nor anarchy," but the
humanization of laws and the equalization of social and economic forces
by the State.
Social justice is fairness as it manifests in society. The principles of

social justice: For social justice to become a reality, four pillars must be
built: human rights, access, participation, and equity. Social justice can’t be
achieved without these four principles. Human rights: The connection
between social justice and human rights has strengthened over the years to
the point where many use “social justice” and “human rights”
interchangeably. While they are technically different, it’s clear to activists
that one can’t thrive without the other. When a society is just, it protects and
respects everyone’s human rights. When a society respects and promotes
human rights, social justice flourishes. This connection is essential because
human rights are recognized globally.
Access: A just society depends on access to essentials like shelter,
food, medical care, and education. It isn’t enough for a society to invest in
innovations or create new opportunities; society must also prioritize access.
If access is restricted based on factors like gender, race, or class, it leads to
suffering for individuals, communities, and society as a whole.
Participation: Social justice isn’t possible if only a few voices are
respected. Unfortunately, the voices of the marginalized and vulnerable are
often silenced in favor of those with more wealth, cultural influence, and
political power. This is even the case when people have good intentions and
want to address major societal problems. If the voices of those most affected
aren’t heard, solutions are likely to fail or possibly make things worse.
Equity: Many people believe “equality” is one of the principles of social
justice, but it’s actually “equity.” Equity takes into account the effects of
discrimination and aims for an equal outcome. There’s an often-cited and
adapted graphic (originally created by business professor Craig Froehle)
which demonstrates this clearly and simply: three people are trying to watch
a baseball game over a fence. All of them stand on a box. One can easily see
the field, while the other can just barely see, while the last person is still
unable to watch. “Equality” has given everyone just one box to stand on,
even though the tallest person doesn’t need a box and one box doesn’t allow
the shortest person to see. “Equity” gives the tallest person’s box to the
shortest person, allowing them to see. Now, everyone can watch the game.
INSIGHT: Susan Sontag: “Rules of taste enforce structures of power.”
The concept of social justice has received a lot of attention in the past
few decades. Originally, the word 'justice' meant what we now call 'justice,'
or the rightness or wrongness of something. Over time, the concept of justice
has undergone a lot of changes as new ideas have arisen. Different
philosophers have explained the concept in many ways. For instance, some

believe that justice is about giving everyone what they deserve, while others
believe that it is about giving everyone what they need. Therefore, social
justice is a term used to describe the way in which humans strive to provide
for the needs of others.
There are many debates regarding whether or not social justice is
necessary or appropriate in every society. Some believe that a just society is
one where everyone receives what they deserve- regardless of
socioeconomic status. Other proponents believe that a just society does not
exist in reality and has no power over it. They believe that there are always
exceptions to any rule; this is due to socioeconomic class and other factors
being responsible for injustices against certain groups of people. To these
people, social justice is a distortion of original concepts.
In pursuit of social justice, there are three subdomains that need to be
considered: harm reduction, anti-oppression and diversity proactivation.
Harm reduction promotes law and public health policies that aim to reduce
negative health impacts associated with substance use and risky behaviours.
It encourages communities to look at issues such as poor quality substances
and unhealthy environments to ensure people are able to make informed
decisions about their health and safety. Anti-oppression aims to fight against
oppression within society as well as between different groups within society;
it seeks to promote equality through education and increasing awareness
about issues such as racism and classism. Diversity proactivation aims to
increase awareness about issues relating to racial and cultural identity
amongst young people; this includes bullying, harassment and violent
attacks amongst school children related to racial or cultural identity.
The subject of social justice is complex since it deals with moral
ideals and ethical reasoning. As Dean Koontz said “The world howls for
social justice, but when it comes to social responsibility, you sometimes
can't even hear crickets chirping.”
CASE 7: OPOSA ET AL. vs. FULGENCIO S. FACTORAN, JR.

G.R. No. 101083 July 30, 1993 DAVIDE, JR., J.:
Facts: The petitioners filed a taxpayers’ class suit against respondent

asserting upon the right of Filipinos to a balanced and healthful ecology
which associate with the twin concepts of "inter-generational responsibility"
and "inter-generational justice. The complaint order respondent to cancel all
existing license agreements as well as to cease renewing or new timber
license agreements.
Sec. Factoran, Jr., filed a Motion to Dismiss the complaint based on
grounds that the plaintiffs have no cause of action against him and the issue
raised by the plaintiffs is a political question which properly pertains to the
legislative or executive branches of Government.

Issue: Do the petitioner-minors have a cause of action in filing a class suit to
prevent “misappropriation or impairment of Philippine rainforest?
Ruling: Yes. WHEREFORE, being impressed with merit, the instant

Petition is hereby GRANTED, and the challenged Order of respondent
Judge dismissing Civil Case is hereby set aside.
We find no difficulty in ruling that they can, for themselves, for others
of their generation and for the succeeding generations, file a class suit.
Needless to say, every generation has a responsibility to the next to preserve
that rhythm and harmony for the full enjoyment of a balanced and healthful
ecology. The complaint focuses on one specific fundamental legal right —
the right to a balanced and healthful ecology is solemnly incorporated in the
fundamental law under 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. 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. If they are now explicitly mentioned in the fundamental charter,
it is because of the well-founded fear of its framers that unless the rights to a
balanced and healthful ecology and to health are mandated as state policies
by the Constitution itself.
NEWS: Bills filed to protect Panaon Island reefs

By Bella Cariaso Nov12, 2022 TheManila Times
LAWMAKERS filed separate bills seeking to declare Panaon Island

in Southern Leyte as a protected seascape under the Expanded National
Integrated Protected Areas System (Enipas) Act to enhance efforts to
safeguard the island's coral reefs and threatened endangered species.
Leyte Second District Rep. Christopherson Yap and Southern Leyte
First District Rep. Luz Mercado filed House Bills 4095 and 3743,
respectively, outlining the parameters of the protected seascape's coverage in
the four municipalities of Liloan, San Francisco, Pintuyan and San Ricardo.
"The declaration of Panaon Island as marine protected area under the
Enipas Act is very important. The formation of a body especially created for
its protection would deter commercial vessels from encroaching in
municipal waters to do their illegal acts with impunity and keep our most
prized reefs from destruction," Yap said.
The Department of Environment and Natural Resources with the local
government units and other stakeholders have already conducted the
Protected Area Suitability Assessment on Panaon Island. Environmental
group Oceana, together with the provincial government of Southern Leyte,
held a 21-day scientific expedition to Panaon Island in October 2020. The
expedition assessed the corals and reef fish collection on the island.

"We are running against time in protecting the biodiversity rich areas
in our country. These are our shield against the devastating impacts of
climate change, protection of Panaon Island," Oceana Vice President Gloria
Estenzo Ramos said.
For her part, Mercado said the filing of the bill is important amid the
dwindling marine resources in Panaon due to natural and man-made causes.
"We need to sustain the continuous supply of fish and marine products for
the people of Panaon and the Filipino people," Mercado said.
"Fish catch increased in many of the areas covered by MPA, tourism
jobs provided livelihood to people in areas formerly devoted to mining, the
neighboring towns experienced these same benefits as well It will also signal
to our global tourists that we are serious in our efforts to keep our world-
renowned diving sites pristine. The resulting increase in recreational and
tourism opportunities would provide jobs and spark commerce and trade,"
Yap added.
HUMAN RIGHTS CONCEPT: The right to a balanced and
healthful ecology carries with it the correlative duty to refrain from
impairing the environment.
The State shall protect and promote the right to health of the people
and instill health consciousness among them. 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. Healthful ecology as a concept is
likewise all-encompassing and covers basic human needs like clean air to
breath, clean water to drink and surroundings free of hazardous and
infectious solid wastes. Clearly they all violate our rights to clean air under
Article II Section 16 of the constitution.
A Writ of Kalikasan is a legal remedy under Philippine law that

provides protection of one’s constitutional right to a healthy environment, as
outlined in Section 16, Article II of the Philippine Constitution, which states
that the “state shall protect and advance the right of the people to a balanced
and healthful. There can be no doubt that article 50 [which established that
every person has the right to a healthy and ecologically balanced
environment] provides a strong basis for the country’s environmental
statutes and policies.
The right of the people to a balanced and healthful ecology is upheld

by the Constitution. It is, therefore, the mandate of the State to safeguard the
right and to provide the resources to implement this policy for the benefit of
all citizens. Our rights to a balanced and healthful ecology, or environmental
rights, are deeply intertwined with human rights. Under the 1987
Constitution, it is a duty of the government to ensure such right to each
citizen. The right to access clean, healthy, safe and sustainable resources
also means exercising political and civil rights when such is asserted against
any entity, including the government, as the duty holder. These include the
freedom of expression, the right to access information and justice, among
others. Citizen suits and rights against harassment suits known as Strategic

Lawsuit Against Public Participation (Slapp) are provided for in The Clean
Air Act, The Ecological Solid Waste Management Law and the Fisheries
Code as amended by RA 10654. Likewise, the Supreme Court, in the
exercise of the power to promulgate rules to protect constitutional rights,
adopted the Rules of Procedure for Environmental Cases, in 2010, to
prioritize environmental rights.
INSIGHT: Margaret Mead: “We don’t have a society if we destroy the

environment.”
Our surroundings play a critical role in enabling the existence of

healthy life on the planet. Everything in natures work together
harmoniously. However, due to several factors our environment is
deteriorating day by day. As a result, environmental contamination has risen
to the top of priority list that each nation addresses. Environmental pollution
and overpopulation are among the many problems caused by restrained
industrialization and urbanization.
Radical environmentalists believe that humans must radically change
their ways of living to save the planet. They advocate a number of strategies,
including the gymnasium and using green technologies to reduce our carbon
footprint.
Environmental pollution has a detrimental impact on our everyday
lives in a variety of ways, including socially, physically, economically,
emotionally, and cognitively. Contamination of the environment causes a
variety of ailments that can last a person’s entire life. It is not a problem of a
neighborhood or a city; it is a global issue that cannot be handled by a single
person’s efforts. It has the potential to end life in a day if it is not
appropriately handled. Every ordinary citizen should participate in the
government’s environmental protection effort. Our right to a balanced and
healthful ecology carries with it the correlative duty. The right to a balanced
and healthful ecology is a fundamental human right. It is essential to the
development of a nation in the present and future generations. The right to a
healthy environment is not only about protecting our natural resources, but
also the protection of our right to it. It is important to note that this
obligation applies only for the citizens.
Our government should recognize this right and take steps to protect
and promote it especially that Philippines is a biodiversity hotspot. This
means that we must be aware of the consequences if we do not act in
accordance with our own obligation. We cannot expect to live in harmony
with nature when we are constantly polluting our environment. We must
take responsibility for our actions and make sure that they are sustainable. It
is important to understand that environmental issues are complex and
multifaceted. But it is important to realize that there are many ways in which
we can reduce our impact on the environment like recycling, driving less,
eating organic foods, and using less electricity. This is a duty that each of us
must fulfill.
CASE 8: REPUBLIC OF THE PHILIPPINES vs. JENNIFER
CAGANDAHAN

G.R. No. 166676 Sept 12, 2008 Quisimbing, J.:
Facts: Respondent Jennifer Cagandahan filed a Petition for Correction of

Entries in Birth Certificate before the RTC.
She alleged that she was registered as a female in the Certificate of
Live Birth but while growing up, she developed secondary male
characteristics and was diagnosed to have Congenital Adrenal Hyperplasia
(CAH) which is a condition where persons thus afflicted possess both male
and female characteristics. She then alleged that for all interests and
appearances as well as in mind and emotion, she has become a male person.
Thus, she prayed that her birth certificate be corrected such that her gender
be changed from female to male and her first name be changed from Jennifer
to Jeff. The RTC granted respondent's petition. But the OSG filed a petition
that seeks reversal of RTC's decision. According to OSG, Rule 108 does not
allow change of sex or gender in the birth certificate and respondent's
claimed medical condition known as CAH does not make her a male.
Issue: Whether or not, the decision of the RTC granting change to the sex of
Jennifer Cagandahan from "Female" to "Male" is erroneous?
HELD: No. WHEREFORE, the Republic's petition is DENIED.

The Supreme Court explained that the change of sex of the
Cagandahan is beyond her control. She has Congenital Adrenal Hyperplasia
(CAH). In the absence of a law on the matter, the Court will not dictate on
respondent concerning a matter so innately private as one’s sexuality and
lifestyle preferences, much less on whether or not to undergo medical
treatment to reverse the male tendency due to CAH. Respondent is the one
who has to live with his intersex anatomy. To him belongs the human right
to the pursuit of happiness and of health. Thus, to him should belong the
primordial choice of what courses of action to take along the path of his
sexual development and maturation. In the absence of evidence that
respondent is an "incompetent" and in the absence of evidence to show that
classifying respondent as a male will harm other members of society who
are equally entitled to protection under the law, the Court affirms as valid
and justified the respondent’s position and his personal judgment of being a
male.
NEWS: Dwyane Wade accused of ‘pressuring’ trans daughter to
change gender for money
By Eileen Reslen November 3, 2022 News.com.au
Dwyane Wade’s ex-wife accused the former NBA star of exploiting

their trans daughter Zaya’s gender identity for his own financial gain.
Siohvaughn Funches-Wade objected to her ex-husband’s petition to legally
change the 15-year-old’s name due to “multiple factors” outlined in court
documents obtained by Page Six. The author, 41, alleges that Wade, 40, “is
positioned to profit from the minor child’s name and gender change with

various companies through contacts and marketing opportunities including
but not limited to deals with Disney.”
She adds, “I have concerns that [Wade] may be pressuring our child to
move forward with the name and gender change in order to capitalise on the
financial opportunities that he has received from companies.” Funches-Wade
claims that during an April 2022 meeting with Wade in Atlanta, the former
pro baller told her that “a lot of money had been already made” in relation to
Zaya’s “name and gender issue.”
“[Wade] told me that he intended to make our child very famous due
to the name and gender issue and also informed me that there would be
endorsements/contracts associated therewith,” the public speaker further
alleges. Funches-Wade then uses her trans daughter’s deadname in the
filing, claiming, “Zion, who was present at the time, answered that various
companies were interested and that Disney was a prospective company.”
Wade’s ex-wife also alleges in the objection that because Zaya’s transition
has been highly publicised, “there will likely be media pressure on the minor
child.” She asks that Zaya make this decision for herself when she is “at the
age of majority” in two and a half years. Wade has not filed a response to
Funches-Wade’s legal documents. Page Six has reached out to the former
couple’s reps and attorneys for comment.
In his original petition filed in August, Wade argued that he had “full
authority” to request Zaya’s legal name change without the consent of her
mother. However, the former Miami Heat player stated in the court filing
that his ex-wife had “received notice” of his petition “as a courtesy.” Wade
first shared Zaya’s coming out story on “The Ellen DeGeneres Show” in
February 2020, stating that the then-12-year-old told him and his wife,
Gabrielle Union, that she was “ready to live [her] truth” and asked them to
refer to her using female pronouns.
HUMAN RIGHTS CONCEPT: The human right to the pursuit of
happiness and of health. 7
The pursuit of happiness is defined as a fundamental right mentioned

in the Declaration of Independence to freely pursue joy and live life in a way
that makes you happy, as long as you don’t do anything illegal or violate the
rights of others. One of those rights is the right to have ownership of one’s
life. That said, government sources takes many actions that impact the full
exercise of individuals’ quality of life, including through the use of policies
to affect poverty levels, health care, physical security, and individual
dignity. Along with the right to life, the right to liberty is one of the most
fundamental human rights. The right to liberty is the right of all persons to
freedom of their person – freedom of movement and freedom from arbitrary
detention by others. No-one shall be subjected to arbitrary arrest or
detention. Life: everybody has the right to live. The primary function of a
government is to secure the unalienable rights of its citizens, the people have
the right to alter or abolish it. March 20 was the day observed by the UN as
the International Day of Happiness. In 2012, 193 nations voted unanimously
7
https://knowledgeburrow.com/what-does-the-right-to-the-pursuit-of-happiness-mean/

for the establishment of this observance. The idea behind this occurrence is
that “the pursuit of happiness” is a basic human international right.
John Locke’s theory of natural rights to provide a reason for
revolution. He then went on to offer proof that revolution was necessary in
1776 to end King George’s tyranny over the colonists. John Locke wrote
that people were born with certain rights to life, liberty and property –
Thomas Jefferson wrote that all men were endowed with certain
“unalienable rights” and listed “Life, Liberty, and the pursuit of Happiness.
“The phrase gives three examples of the “unalienable rights” which the
Declaration says have been given to all humans by their creator, and which
governments are created to protect. Most people agree about the meaning of
life and liberty. In one sense life gives us the freedom to pursue happiness.
However, disagreement exists over what is meant by the phrase “pursuit of
happiness.” We can rightfully take pride in its recognition that all men are
“endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness.” The right to pursue
Happiness is the right to love as you choose; the right to love your freedom;
the right to love your life.
INSIGHT: To pursue happiness is an inherent human right that must
not be infringed upon by others.
The right to happiness is an inherent part of every human being’s soul.

It is based on the belief that the person has a right to pursue happiness and
avoid suffering. The pursuit of happiness has many facets; it is an innate
human trait that can be manifested in many ways. Ayn Rand, a prominent
American novelist and philosopher, believed that man's primary goal in life
is the pursuit of happiness. She also believed that the preservation of one's
own life is paramount in the present of happiness. Therefore, preserving
one's physical and mental health is integral achieving happiness. The Noun
project defines the word happiness as an emotion that makes people feel
blessed and fortunate. Happiness is an emotion related to well-being, health,
optimism and humor. It is a happiness that comes from living a moral life
and from having affectionate and responsible relationship with others.
Every person is capable of forming judgments and making decisions;
this makes them responsible for their own well-being. Therefore, the right to
pursue happiness is based on the belief that humans have a right to choose
what makes them happy. This right should be protected by law so that no
one can claim it infringes on another’s right. However, to take something
from someone based on his desire to pursue happiness is to violate others’
rights is infringement on a person’s right to pursue happiness must be
mercilessly opposed. Some people have the misguided notion that they have
the right to take away another person’s happiness, which is known as
happiness infringement. In fact, ignoring this can lead to tragedies such as
the Spanish Inquisition and Nazi holocaust. Therefore, It is crucial to
understand what rights individuals have in regards to pursuing their own
happiness and to protect those rights. That being said, those who violate
others’ rights must be willing to accept the consequences of their actions.

Moralists advise against infringements on another person’s right to pursue
his or her happiness. In fact, this involves opposing tyranny and oppression
at a societal level. Doing so protects individual rights at a personal level as
well by stopping petty grievances from escalating into major conflicts.
Furthermore, challenging violations of rights in court can result in positive
outcomes such as financial compensation for injured feelings or wrongful
loss of income. There are many ways to safeguard against violations of
rights at an interpersonal level that directly affect the relevant parties.
CASE 9: ROMMEL JACINTO DANTES SILVERIO vs. REPUBLIC
OF THE PHILIPPINES
G.R. No. 174689 October 22, 2007 CORONA, J.:
Facts: Rommel Jacinto Dantes Silverio filed a petition for the change of his
first name and sex in his birth certificate in the Regional Trial Court of
Manila.
Petitioner invoked his sex reassignment as the ground for his petition
for change of name and sex after having acquired the physical features of a
female. He further alleged that he is a male transsexual, that is,
"anatomically male but feels, thinks and acts as a female" and that he had
always identified himself with girls since childhood. Feeling trapped in a
man’s body, he consulted several doctors in the United States, Thailand and
Philippines. He lived as a female and engaged to be married. He then sought
to have his name in his birth certificate changed from "Rommel Jacinto" to
"Mely," and his sex from "male" to "female."
The Court of Appeals granted the Republic’s petition. It ruled that the
trial court’s decision lacked legal basis. There is no law allowing the change
of either name or sex in the certificate of birth on the ground of sex
reassignment through surgery.
Issue: Whether or not, there is merit in the petition of Silverio to allow him
to change his name and sex in his certificate of birth?
HELD: No. The petition is denied.

A change of name is a privilege, not a right. The remedies petitioner
seeks involve questions of public policy to be addressed solely by the
legislature, not by the courts. Considering that there is no law legally
recognizing sex reassignment, the determination of a person’s sex made at
the time of his or her birth, if not attended by error, is immutable. The State
has an interest in the names borne by individuals and entities for purposes of
identification.
A change of name does not alter one’s legal capacity or civil status.
He failed to show, or even allege, any prejudice that he might suffer as a
result of using his true and official name. Before a person can legally change
his given name, he must present proper or reasonable cause or any
compelling reason justifying such change. In this case, he failed to show, or

even allege, any prejudice that he might suffer as a result of using his true
and official name.
NEWS: Court filings show why Colorado Springs shooting suspect
changed his name as a teenager
Nov. 23, 2022 CTV News
The suspect in the fatal shooting of five people at a Colorado gay

nightclub changed his name more than six years ago as a teenager, after
filing a legal petition in Texas saying he wanted to "protect himself" from a
father with a criminal history including domestic violence against his
mother. Anderson Lee Aldrich, 22, who faces murder and hate crime
charges, was known as Nicholas Franklin Brink until 2016. Weeks before
his 16th birthday, he petitioned a Texas court to change his name, court
records show. A petition for the name change was submitted on Brink's
behalf by his grandparents, who were his legal guardians at the time. "Minor
wishes to protect himself and his future from any connections to birth father
and his criminal history. Father has had no contact with minor for several
years," said the petition filed in Bexar County, Texas.
The suspect's father is a mixed martial arts fighter and pornography
performer with an extensive criminal history, including a conviction for
battery against the alleged shooter's mother, Laura Voepel, before the
suspect was born, state and federal court records show. The father, Aaron F.
Brink, also was sentenced to 2 1/2 years in custody for importation of
marijuana and while on supervised release violated his conditions by testing
positive for illegal steroids, according to public records. A website posting
from June 2015 that attacked a boy named Nick Brink suggests he may have
been bullied in high school. The post included photos similar to ones of the
shooting suspect and ridiculed Brink over his weight, lack of money and
what it said was an interest in Chinese cartoons.
Aldrich was tackled and beaten by bar patrons during the attack that
left 17 other people with gunshot wounds. He faces five murder charges and
five charges of committing a bias-motivated crime causing bodily injury,
online court records showed. Aldrich was released from the hospital and
being held at the El Paso County jail, police said. He's scheduled to make his
first court appearance Wednesday by video from jail. He was arrested last
year after his mother reported he threatened her with a homemade bomb and
other weapons. Court documents laying out Aldrich's arrest were sealed at
the request of prosecutors.
HUMAN RIGHTS CONCEPT: A change of name is a privilege, not

a right.
A LAW EACH DAY (KEEPS TROUBLE AWAY)8 By Jose C.
Sison
8
https://www.philstar.com/opinion/2016/11/23/1644691/matter-privilege-not-right

The case of Editha. Editha was born on Dec. 12, 1956 to Henry Lee
her father who is a Chinese citizen and Martha Diaz, her mother who is a
Filipino citizen. When she was born her father and mother were not legally
married so her birth certificate indicates that her full name is Editha Diaz.
As she grew up and started schooling she used the name “Editha Diaz
Lee” in her school records from elementary to college. Then when she was
employed and got married her employment record and marriage contract
also showed her name as “Editha Diaz Lee.” Even some government records
indicate such name. And so on June 19, 2010 when she was already about 54
years old Editha filed with the Regional Trial Court (RTC) in her province, a
petition for correction of her name in the birth certificate by changing it from
“Editha Diaz” to “Editha Diaz Lee.”
After the notice of initial hearing was published in a newspaper of
general circulation, the Office of the Solicitor General (OSG) designated the
Provincial Prosecutor to appear and assist the OSG in the proceedings before
the RTC as the counsel for the government of the Republic of the
Philippines.
After due proceedings, the RTC granted Editha’s Petition. The court ruled
that from the evidence presented, said petition was filed solely to put in
order Editha’s records and that changing her name in her birth certificate
into Editha Diaz Lee would avoid confusion in her personal records.
The Supreme Court held that a change of name is a privilege and not a
matter of right. A proper and reasonable cause must exist before a person
may be authorized to change her name. She merely stated therein that she
was born out of wedlock; she did not state that at the time of her birth either
of her parents was not disqualified by any impediment to marry each other.
If at the time of her birth, either of her parents had an impediment to marry
the other, she may only bear the surname of her mother pursuant to Article
368 of the Civil Code. Otherwise, she may use the surname of her father if
the latter acknowledged her (Gan vs. Republic, G.R. 207147, September 14,
2016).
INSIGHT: Name and Sex Cannot be Changed without Law Allowing
for Change
Changing one's name is not as simple as it sounds. The courts have

strict rules about whether a person can change his name. A legal name
change requires the individual to submit a detailed petition and undergo a
rigorous legal process. This process allows people to correct misinformation,
correct errors in vital records to avoid public confusion. In some situations,
name changes are necessary to ensure legal benefits, avoid embarrassment,
and ensure personal safety. Rommel Jacinto Dantes Silverio prayed that his
name be changed before the court. He believed that changing his name
would simplify his life, in accordance with his sex reassignment surgery
which the Supreme Court denied on the basis that a change of name is a
privilege and not a right.
This is very interesting to look forward to because in some countries
such as Nepal, India, Pakistan, Bangladesh, and Germany legalized a third

gender option. In Spain a bill was approved that would allow transgender
people to change their status on official documents with a simple
declaration. According to the International Lesbian and Gay Association, at
least 25 United Nations member states "allow for legal gender recognition
without prohibitive requirements". But only around 15 countries allow
transgender people to change their status with a simple declaration. In some
countries, the legal and administrative process can take years and may
include requirements such as psychiatric diagnosis, hormone treatment,
gender reassignment surgery or even sterilization. Will the Philippines allow
a third gender option in the future? I think it will become possible but not
necessary. In terms of a change of name and sex on the grounds of sex
change, it would be possible when a law is approved by the government. The
legislature is lodged with the duty to enact a law that will give the right to a
person like Silverio to change his name and sex. This would mean an
additional job for lawyers, the courts, and government agencies that are
responsible for a change of name if approved by the legislature.
In mainstream media, there are numerous movements involving the
inclusion of LGBT+ people in society. This is part of the awareness of such
differences that people have. I believe that each person is unique and that we
differ in some ways. I believe that inclusion and acceptance begin with
oneself, and there is the validation of others will follow.
CASE 10 (EJK CASE): DATU ANDAL AMPATUAN JR., vs. SEC.
LEILA DE LIMA et.al
G.R. No. 197291 April 3, 2013 BERSAMIN, J.:
FACTS: The Maguindanao massacre that was transpired on November 23,

2009 will never be forgotten in commemoration with the 57 innocent
civilians that was massacred in Sitio Masalay, Ampatuan, Maguidanao.
Herein petitioner pleaded not guilty on the 41 informations that was filed
against him after his arraignment on three different dates. After knowing that
Kenny Dalandag was admitted to the Witness Protection of the DOJ,
petitioner through counsel wrote to Secretary De Lima and Assistant Chief
State Prosecutor Richard Fadullonon filed on different dates requesting the
inclusion of Mr. Dalandag in the informations of murder since he already
confessed his participation in the sand massacre. Eventually, Secretary Leila
De Lima denied the said request. Ampatuan then filed the Petition for
Mandamus in RTC Manila compelling respondents to charge the Dalandag
as accused in the various murder cases pending before the Regional Trial
Court in Quezon City.
ISSUE: Whether respondents may be compelled by writ of mandamus to

charge Dalandag as an accused for multiple murder in relation to the
Maguindanao massacre despite his admission to the Witness Protection
Program of the DOJ.
HELD: The Court DENIES the petition for review on certiorari; AFFIRMS
the final order issued by Regional Trial Court in Manila.
All the conditions prescribed by Republic Act No. 6981 were met in
his case. he could not anymore be charged for his participation in the
Maguindanao massacre, as to which his admission operated as an acquittal,
unless he later on refuses or fails to testify in accordance with the sworn
statement that became the basis for hisHdischarge against those now charged
for the crimes. Mandamus shall issue when any tribunal, corporation, board,
officer or person unlawfully neglects the performance of an act that the law
specifically enjoins as a duty resulting from an office, trust, or station.
Considering that respondent Secretary of Justice already denied the letter-
request, mandamus was no longer available as petitioner's recourse.
NEWS: Ohio governor says guilty verdict in 2016 family massacre

‘brings us one step closer to achieving justice’
By Raja Razek CNN News December 1, 2022
A jury convicted George Wagner IV in the murders of eight people,

seven of whom were members of the Rhoden family, who were all shot to
death in April 2016 at four crime scenes in around the small town of
Piketon, Ohio. In addition to eight counts of aggravated murder, Wagner
was also convicted of tampering with evidence and conspiracy, Judge Randy
Deering announced. The verdict “brings us one step closer to achieving
justice,” Ohio Gov. Mike DeWine said Wednesday.
In 2018, a grand jury in Pike County also indicted his father George
“Billy” Wagner III, his mother Angela Wagner and his brother Edward
“Jake” Wagner, on several offenses, including eight counts each of
aggravated murder with death penalty specifications. Two grandmothers of
the Wagner family were also charged in an alleged cover-up of the crime,
DeWine said at the time.
Additionally, Jake Wagner was charged with unlawful sexual conduct
with a minor over sexual contact with one of the victims, Hanna May
Rhoden, when she was 15 and he was 20, prosecutors said at the time.
Angela Wagner pleaded guilty last year to lesser charges and at least 30
years in prison, according to WKRC. “Our society reveres mothers for
taking care of their children and teaching them to do the right thing, even
when it’s hard. But by actively plotting the murder of an entire family and
encouraging her own kids to carry out the violence, Angela Wagner abjectly
failed in her responsibilities,” current Ohio Attorney General Dave Yost said
in a September 2021 statement on her plea agreement.
Prosecutors hadn’t disclosed a motive at the time but alluded to the
custody of a child that may have played “a role in this case.” The Wagners
were also accused of forging custody documents, prosecutors previously
said. “They left a trail: The parts to build a silencer, the forged documents,
the cameras, cell phones – all that they tampered with, and the lies,” Pike
County Sheriff Charles S. Reader said at the time of their arrests. “They
helped uncover nearly 5,000 pieces of evidence. They put this case together.
They figured out what at the time seemed like such an implausible motive –
the custody of a child – for the murder of eight innocent people, but they did
it,” DeWine said.
HUMAN RIGHTS CONCEPT: Violation of Article III Section 1 of

the 1987 Constitution and the right to “speedy trial” and “speedy
disposition of cases”
Section 1, Article III of the 1987 Constitution: Concept of right to

life, liberty and property: Life is the integrity of the physical person.
Included therein is the right to give full rein to one’s all natural attributes, to
expand the horizons of one’s mind, to widen the reach of one’s capabilities
and to enhance those moral and spiritual values that can make one’s life
more meaningful and rewarding. According to Imbong v. Ochoa, life
commences upon “conception, that is, upon fertilization.”
Right to speedy, impartial, and public trial: Martinez III v. People

2019: The Constitution guarantees under Section 16, Article III the right to
the speedy disposition of cases. The Court has adopted the " balancing test"
to the effect that in determining the existence of inordinate delay the courts
should consider the presence of the following factors, namely; the length of
delay; the reason f or delay; the defendant's assertion of his or her right; and
the prejudice to the defendant as a result of the delay.
In Corpuz v. Sandiganbayan: Delay is a two-edged sword. As held in

Williams v. US, for the government to sustain its right to try the accused
despite a delay, it must show two things: a) that the accused suffered no
serious prejudice beyond that which ensued from the ordinary and inevitable
delay; and b) that there was no more delay than is reasonably attributable to
the ordinary processes of justice.
Sec 16. In Solar Team Entertainment, Inc. v. Judge How: the Court
stressed that the exceptions consisting of the time exclusions provided in the
Speedy Trial Act of 1998 reflect the fundamentally recognized principle that
"speedy trial" is a relative term and necessarily involves a degree of
flexibility. Such right to a speedy trial and a speedy disposition of a case is
violated only when the proceeding is attended by vexatious, capricious and
oppressive delays.
What the Constitution prohibits are unreasonable, arbitrary and

oppressive delays, which render rights nugatory. A mere mathematical
reckoning of the time involved would not be sufficient. Under the
circumstances, we hold that the delay of (4) four years during which the case
remained pending with the CA and this Court was not unreasonable,
arbitrary or oppressive.
INSIGHT: Justice delayed is justice denied.
Right to life liberty and property are fundamental rights in the concept
of human rights they comprise the basic civil rights of humans without

which a nation cannot exist. They are essential components of the concept of
law in traditional and contemporary societies and to the development of a
healthy society since they have a direct bearing on the welfare of families
and individuals. The concept of human rights is derived from natural law
since it is based on human nature. Human nature denotes the qualities
behaviors and thoughts of humans as a species. It is innate and cannot be
changed only suppressed by negative conditioning.
As to right to a speedy and impartial trial, criminal cases are tried in a
court of law. Crimes are classified as misdemeanors or felonies based on
how severe they are. When discussing the right to a speedy trial, it is
important to clarify what these terms mean. A speedy trial is one that is
concluded with minimal delay, as measured against the time needed to
complete the trial in order to avoid future delays, trials should be swift and
transparent. Vexatious delays occur when a court or other agency remains
inactive and refuses to respond to a case. Capricious delays occur when the
presiding judge decides which laws apply to a specific case, resulting in a
delay while different laws are fought over on procedural details. Finally,
oppressive delays are characterized by unwarranted harassment or physical
violence against a defendant or his or her family members by and abusive
judge or prosecutor. Furthermore, the defendant has the right to have his or
her lawyer present during every stage of the proceedings. This ensures his or
her legal rights are protected and that his best interests are represented by
competent legal counsel.
All citizens are entitled to its protection, and the government is tasked
with ensuing those rights are respected. The right to a speedy trial is one of
those guaranteed by the Constitution and is a fundamental justice for all
citizens. It ensures that justice is served as quickly as possible and lowers the
chance of injustice curtailing freedom of movement and damaging
reputations. When disturbing proceedings occur, it is evident that justice has
been denied- justice delayed is justice denied.

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CASE 1: ANACLETO BALLAHO ALANIS vs.

Facts: Anacleto filed a Petition before the Regional Trial Court of

The purpose of the law in allowing change of name as contemplated

NEWS: Mother allowed to change children's surname after father

By Tara Shaskey 12 Sep, 2022 03:00 PM NZ Herald

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

The father lives overseas and impossible to engage in guardianship

The Family Court at Auckland granted the mother sole guardianship

Judge Andrea Manuel granted the father leave to apply to be

HUMAN RIGHTS CONCEPT: Right to freedom from discrimination

Laws were passed to address the stereotype portrayal of men and

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

There are several international laws, conventions and campaigns that

The current status of women in the Philippines according to World

INSIGHT: Gender Equality: An equal has no authority over an equal

According to Stephen Shahinian, “when a wrong conclusion becomes

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Facts: Private respondents were informed by petitioner Quimpo that their

RULING: No. The Petition for prohibition is granted. The temporary

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

NEWS: City office brace for summary demolition of illegal

Mayor Mauricio G. Domogan ordered concerned offices of the local

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

CASE 3: CECILIA ZULUETA vs. COURT OF APPEALS ET AL.

Issue: Whether or not the evidence obtained can be held inadmissible as it

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Eighty-five percent of American adults say they go online daily—and

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Sec. 3, Art. III. (1): The privacy of communication and correspondence

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Accessibility to information has become easier since the gradual

CASE 4: DEPARTMENT OF EDUCATION, CULTURE AND

Ruling: No. WHEREFORE, the petition is GRANTED. The decision of the

The right to education is among the freedoms afforded to children in

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

INSIGHT: A good education is a foundation for a better nation.

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Ruling: No. WHEREFORE, premises considered, it is the unanimous sense

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

HUMAN RIGHTS CONCEPT: The State, in order to promote the

In Ermita- Malate Hotel and Motel Operators association vs. City of

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

INSIGHT: Albert Schweitzer: To work for the common good is the

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Facts: Maximo Calalang brought a petition for a writ of prohibition against

Issue: Whether or not CA No 548 constitutes as an unlawful interference

Ruling: No. The petition for a writ of prohibition is denied.

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

NEWS: A triumph of justice6

The Australian national, Peter Gerard Scully, 59 years old was

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Social justice is fairness as it manifests in society. The principles of

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

CASE 7: OPOSA ET AL. vs. FULGENCIO S. FACTORAN, JR.

Facts: The petitioners filed a taxpayers’ class suit against respondent

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

Ruling: Yes. WHEREFORE, being impressed with merit, the instant

NEWS: Bills filed to protect Panaon Island reefs

LAWMAKERS filed separate bills seeking to declare Panaon Island

HUMAN RIGHTS LAW (TASK 3): Suzette C. Orlanes

A Writ of Kalikasan is a legal remedy under Philippine law that

The right of the people to a balanced and healthful ecology is upheld