GROUP 6:

LABANG, KIMBERLY
BITANGA, ROMMEL
DUMLAO, LUCY

Block: 2A9
CIVIL AND POLITICAL RIGHTS AS APPLIED IN THE PHILIPPINES

TORTURE, CRUEL, INHUMAN OR DEGRADING TREATMENT AND PUNISHMENT

"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation" (Article 7) Political Covenant
"No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited" (Section 12 Par. 2, Article 3)

EQUALITY BEFORE LAW

“All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to
all persons equal and effective protection against discrimination on any ground such as race,
color, sex, language, religion, political or other opinion, national or social origin, property, birth
or other status.” (Article 26) Political Covenant
"No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws" (Article 3, Section 1) Philippine
Constitution

ARBITRARY ARREST AND DETENTION

"Arbitrary detention is a term used in the Revised Penal Code of the Philippines to refer to the
unlawful deprivation of a person's liberty without legal grounds or without following proper
legal procedures. This offense is defined in Article 124 of the Revised Penal Code, which states
that "any public officer or employee who, without legal grounds, detains a person, shall suffer
the penalty of prison correctional in its medium and maximum periods and a fine not exceeding
₱10,000."

The term "arbitrary" means that the detention was done without proper legal authority or
justification, and it was done at the discretion of the officer or employee. The law requires that
a person can only be detained if there is a legal basis for doing so, such as being arrested with a
warrant, or being caught in the act of committing a crime. If a person is detained without legal
grounds, this is considered an arbitrary detention.

It is important to note that arbitrary detention is a violation of a person's constitutional right to

liberty and due process of law. Any person who has been arbitrarily detained may seek legal
recourse and may file a complaint against the public officer or employee responsible for the
detention.
Illegal Detention is another term used in the Revised Penal Code of the Philippines, and it refers
to the crime of detaining a person against their will and without lawful justification. This offense
is defined in Article 267 of the Revised Penal Code, which states that "any private individual
who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall
suffer the penalty of reclusion Perpetua to death."

The main difference between illegal detention and arbitrary detention is that illegal detention is
committed by a private individual, whereas a public officer or employee commits arbitrary
detention. In illegal detention, the person who is being detained is not necessarily under the
custody of the law, unlike in the case of arbitrary detention where the person is detained by a
person who has the authority to do so.

The offense of illegal detention also requires that the detention is done against the will of the
person being detained, and without lawful justification. This means that the detention must be
done without the consent of the person being detained, and there must be no legal basis for
the detention, such as being arrested with a warrant or caught in the act of committing a crime.

It is important to note that both arbitrary detention and illegal detention are serious offenses
that violate a person's right to liberty and due process of law. Any person who has been a
victim of either offense may seek legal recourse and may file a complaint against the person
responsible for the detention.

WARRANTLESS ARREST
Warrantless Arrest: Rule 113, Section 5
There are three (3) types of warrantless arrests. First is In Flagrante Delicto, second is Hot
Pursuit, and lastly, an Escapee. Subsequently, you will find out when can a private individual
arrest another person who has committed an offense in the presence of that private individual
and not necessarily in the presence of the police officers.
A: When in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (In Flagrante Delicto);
B: When an offense has just been committed and he has probable cause to believe based on
personal knowledge or facts or circumstances that the person to be arrested has committed it
(Hot Pursuit); and
C: When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending or
has escaped while being transferred from one confinement to another (Escapee).
In Transitory refers to the transferring from one confinement to another
MILITARY OR POLICE CHECKPOINTS
Military or police checkpoints in the Philippines have been a subject of controversy regarding
their impact on civil and political rights. While these checkpoints are primarily established to
maintain peace and order, they have been criticized for their potential to violate citizens' rights.

The right to liberty and security of the person, the right to privacy, and the freedom of
movement are among the civil and political rights that may be impacted by military or police
checkpoints in the Philippines. These rights are protected under the Philippine Constitution and
international human rights law.

In practice, military or police checkpoints in the Philippines have been used as a means of
searching for illegal firearms, explosives, and other contraband. During these searches,
individuals may be asked to present identification, undergo body searches, and have their
belongings inspected. Some critics argue that these measures may be invasive and potentially
lead to arbitrary detentions.

There have also been reports of abuse of power by military or police personnel manning these
checkpoints, including extortion and harassment. These actions can lead to violations of
citizens' rights to be free from torture or cruel, inhumane, or degrading treatment.

Overall, while military or police checkpoints can be an important tool in maintaining security
and order, it is essential that their use be in accordance with the law and respect for human
rights. The Philippine government should ensure that its law enforcement personnel are
properly trained and monitored to prevent abuses and violations of citizens' rights.

MIRANDA DOCTRINE
MIRANDA WARNING
Prior to any questioning, the person must be warned that he has a right to remain silent, that
any statement he does make may be used as evidence against him, and that he has a right to
the presence of an attorney, either retained or appointed. Philippines Miranda
Rights Translation Provides Greater Legal Rights.

“You have the right to remain silent. Anything you say can and will be used against you in a
court of law. You have a right to an attorney. If you cannot afford an attorney, one will be
appointed for you.’’
Rights of the arrested or detained person
Article III, Section 12 of the 1987 Constitution (also known as the bill of rights). State that any
person under investigation for the commission of a crime or offense “shall have the right to be
informed if his right to remain silent and to have competent and independent counsel
preferably of his own choice”.

Rights to fair and public trial

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.
Public trial open trial is a trial that is open, as opposed to a secret trial. It should not be
confused with a show trial.

Rights of consumption
Confrontation means that in a criminal proceeding the defendant has the opportunity to face
the witness and cross-examines them, to object to the testimony. Under the fourteenth
Amendment, the right to confrontation applies not only to the federal government but also to
the states.

Self-incrimination
Is the intentional and unintentional act of providing information that will suggest your
involvement in a crime or expose you to criminal prosecution.

Presumption of innocence
The presumption of innocence is a legal principle that every person accused of any crime is
considered innocent until proven guilty. Under the presumption of innocence, the legal burden
of proof is thus on the prosecution which must present compelling evidence to the trial of fact.

Right to bail
As defined by the rules of criminal procedure, bail is the security given for the release of a
person in custody of the law furnished by him or a bandsman, to guarantee his appearance
before any court as required under the conditions herein after specified.

Right to appeal one’s conviction of a crime

As the majority ones, Rules 115, I give every accused the right appeal from a judgement of
conviction, the same rule provides, however, that the exercise of the right to appeal must be in
the manner prescribed by law.
Double Jeopardy
In general, in countries observing the rule of double jeopardy, a person cannot be tried twice of
the same crime based on the same conduct. If a person robs a bank, that individual cannot
twice be tried for robbery for the same offense.

How is it applied in the Philippines?

The rule against double jeopardy is constitutionally protected as it is enshrined in Article III,
Section 21 Fundamental Law. Notwithstanding, the rule against double jeopardy is not without
exceptions, both as to a previous conviction or acquittal.

What is double jeopardy?

According to Article III, Section 1 (20) of our constitution, the rule of double jeopardy had a
settled meaning in this jurisdiction at the time our constitution promulgated.

Constitutional basis
(1) denoting, characteristics of a relating to a constitution (2) authorized by or subject to a
constitution (3) of an inherent in the physical make-up or basic nature of a person or thing.

Two aspects of double jeopardy

(1) the first jeopardy must have attached prior to the second (2) the first jeopardy must have
been validly terminated (3) the second jeopardy must be for the same offense as that in the
first.

Right to compensation due to miscarriage of justice.

Pertains to a person who has been tried and wrongfully convicted of a criminal offense and who
has subsequently been punished for it, for example, by imprisonment.

SPECIAL PROCEDURES FOR JUVENILES

I. THE JUVENILE JUSTICE AND WELFARE LAW
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and
Welfare System as a system dealing with children at risk and children in conflict with the law,
which provides child-appropriate proceedings, including programmes and services for
prevention, diversion, rehabilitation, re-integration, and aftercare to ensure their normal
growth and development. Instead of using the word “juvenile”, Philippine laws made use of the
word “child”. As defined in R.A. No. 9344, “Child” is a person under the age of eighteen (18)
years. While “Child at Risk” refers to a child who is vulnerable to and at the risk of committing
criminal offences because of personal, family and social circumstances. Some of the examples
mentioned in the law are: being abandoned or neglected, and living in a community with a high
level of criminality or drug abuse.“Child in Conflict with the Law” or CICL on the other hand
refers to a child who is alleged as, accused of, or adjudged as, having committed an offence
under Philippine laws.

A child can commit an act or omission whether punishable under special laws or the amended
Revised Penal Code which is referred to as an “Offence”. Under Republic Act 10630, offences
which only apply to a child and not to adults are called “Status Offences”. These shall not be
considered as offences and shall not be punished if committed by a child. Examples of status
offences include curfew violations, truancy, parental disobedience and the like. Before R.A. No.
9344 was enacted, children at risk and CICL were treated much like adult offenders as when
former President Ferdinand Marcos, Sr. signed into law the Judiciary Reorganization Act 1980
which abolished the juvenile and domestic relations courts. As such child offenders were
subjected to the same adversarial proceedings as their adult counterparts. As an offshoot of the
United Nations Convention on the Rights of the Child (UNCRC), the R.A. No. 9344 intends to
deal with these children without resorting to judicial proceedings. Instead of punishing juvenile
offenders and treating them as criminals, these child offenders will be provided by the State
and the community with assistance to prevent them from committing future offences.

PROHIBITION AGAINST EX POST FACTO LAW

An ex post facto law is defined as: "A law passed after the occurrence of a fact or commission of
an act, which retrospectively changes the legal consequences or relations of such fact or deed.
It is a law which provides for the infliction of punishment upon a person for an act done which,
when it was committed, was innocent; a law which aggravates a crime or makes it greater than
when it was committed; a law that changes the punishment or inflicts a greater punishment
than the law annexed to the crime when it was committed; a law that changes the rules of
evidence and receives less or different testimony than was required at the time of the
commission of the offense in order to convict the offender; a law which, assuming to regulate
civil rights and remedies only, in effect imposes a penalty or the deprivation of a right which,
when done, was lawful; a law which deprives persons accused of crime of some lawful
protection to which they have become entitled, such as the protection of a former conviction or
acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its
consequences, alters the situation of a person to his disadvantage.

FREEDOM OF MOVEMENT AND DOMICILE OF CHOICE

The right to freedom of movement includes the right to move freely within a country for those
who are lawfully within the country, the right to leave any country and the right to enter a
country of which you are a citizen. The right may be restricted in certain circumstances.
Domicile is classified into three, namely: (1) domicile of origin, which is acquired by every
person at birth; (2) domicile of choice, which is acquired upon abandonment of the domicile of
origin; and (3) domicile by operation of law, which the law attributes to a person independently
of his residence or intention.

ASYLUM
Everyone has the right to seek asylum from persecution. These human rights don't change
based on race, religion, sex or nationality. Human rights don't change based on whether you
seek safety by land, air or sea. People fleeing war and persecution have few options.
∆ Seeking Asylum in Philippines is a rare and difficult process. In almost all cases, it is granted at
the discretion of the Government, and only then if it can be proven that the applicant faces
financial destitution, harassment or physical danger in returning to their home country.

RIGHT TO NATIONALITY
The right to a nationality is recognized in a series of international legal instruments, including
Article 15 of the 1948 Universal Declaration of Human Rights, "Everyone has the right to a
nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality."
Foreign nationals may naturalize as Philippine citizens after meeting a minimum residence
requirement (usually 10 years), acquiring real estate, demonstrating proficiency in either
English or Spanish as well as a Philippine language, and fulfilling a good character requirement.

RIGHT TO MARRY AND FOUND A FAMILY

Men and women of full age, without any limitation due to race, nationality or religion, have the
right to marry and to find a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution. Marriage shall be entered into only with the free and full
consent of the intending spouses. 1987 approving the Family Code of the Philippines. Marriage
is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life.

RIGHT TO OWN PROPERTY

The owner has the right to enjoy and dispose of a thing, without other limitations than those
established by law. ARTICLE 435. No person shall be deprived of his property except by
competent authority and for public use and always upon payment of just compensation.
FREEDOM OF THOUGHT CONSCIENCE AND RELIGION
"Everyone shall have the right to freedom of thought, conscience and religion. This right shall
include freedom [...] either individually or in community with others and in public or private, to
manifest his religion or belief in worship, observance, practice and teaching." This right
protects people from unwarranted demands, intrusions, or prohibitions in the development of
their personal religious life. It is the right to think, express and act upon what he deeply
believes, according to the dictates of conscience.

REFERENCES
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.ohchr.org/en/
taxonomy/term/756%3Fpage%3D1%23:~:text%3DCivil%2520and%2520political%2520rights
%2520are,state%2520without%2520discrimination%2520or
%2520repression.&ved=2ahUKEwjo4M7VmeX-
AhXGk1YBHZbvDCgQFnoECBwQBQ&usg=AOvVaw0ZDce4nwrLh3pXW7diGHFY
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.qhrc.qld.gov.au/your-
rights/human-rights-law/your-right-to-recognition-and-equality-before-the-law%23:~:text
%3DIt%2520ensures%2520that%2520all%2520laws,provide%2520equal%2520protection
%2520for%2520everyone.&ved=2ahUKEwip9ZO4muX-
AhVymFYBHWIcAL8QFnoECAQQBQ&usg=AOvVaw1QmMc4JjLEOyWh_j2xzTre
https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.mirandawarning.org/
whatareyourmirandarights.html&ved=2ahUKEwiqgu6Em-X-
AhVTs1YBHTbRDX4QFnoECDEQAQ&usg=AOvVaw08_Kt86fzkvlv_QrqYonHc
https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.mirandawarning.org/
whatareyourmirandarights.html&ved=2ahUKEwiqgu6Em-X-
AhVTs1YBHTbRDX4QFnoECDEQAQ&usg=AOvVaw08_Kt86fzkvlv_QrqYonHc
https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.mirandawarning.org/
whatareyourmirandarights.html&ved=2ahUKEwiqgu6Em-X-
AhVTs1YBHTbRDX4QFnoECDEQAQ&usg=AOvVaw08_Kt86fzkvlv_QrqYonHc