Human Rights

Human Rights
- Also called as birth right
- Serves as our shield
- Those rights, which are inherent
- Without human rights, we cannot live as human beings
- Allows us to develop and use our human qualities, intelligence, talents and conscience and to
satisfy our spiritual and other needs.
- Are supreme- means highest, powerful, top consideration
Basic Characteristics
1. Inherent
2. Fundamental
→ essential because if walang human rights your life becomes meaningless
3. Inalienable
→ No one cannot take that away from you (suspension of human rights- criminals)
→ Cannot be given away or be forfeited ( not gtransferrable)
4. Imprescriptible
→ It does not expire, kahit di mo siya ginagamit
5. Indivisible
→ Cannot be divided
→ You can use all the rights at the same time
6. Universal
→ Human rights is for everyone
7. Interdependent
→ They are dependent with each other, they cannot stand alone
→ They co-exist
→ Kailangan nila” rights” yung isat isa
HUMAN RIGHTS PRINCIPLE: The dignity of human life is inviolable. ( Dapat hindi vinaviolate)

Kinds of Rights
1. Natural Rights
→ God given rights
→ Unwritten rights
2. Constitutional right
→ 1987 constituition ( also called as Human Rights Constitution- mother law)
→ Article 3. Bill Of Rights
3. Statutory Rights
→ Laws
→ R.A 7438- miranda doctrine
STAGES OF HUMAN RIGHTS
1. Idealization
→ Inadequate of government and oppression
→ May nakikitang kakulangan
 2. Positivization
→ Support for the ideas
→ When the ideas from the idealization become a law
→ Converting the idea into law
3. Realization
→ Na eenjoy na nung mga tao yung rights na nagawa

3 OBLIGATION OF STATE PARTIES

1. Obligation to respect
→ State should not violate rights of people
2. Obligation to ensure
→ State should assure rights for people
→ State must continue to pass laws
3. Obligation to protect

INTERNATIONAL LAW
- Body of rule governing relations between states
- Is a source of human rights
1. INTERNATIONAL HUMAN RIGHTS LAW
- UDHR (December 10, 1948)
- Declaration for the first time in human history spells out basic civil, political, economic,
social and cultural rights that all human beings should enjoy.
- First time nailatag yung political, social, economic, civil and cultural rights
Why do we apply international laws to our country?
- Article 2 of constitution- Ph. Adopts the generally accepted principle of the
international law as part of the law of the land

Universal declaration of Human Rights

International Covenant on Civil And Political Rights International bill of human rights
International Covenant on Economic, Social and Cultural Rights

- International human rights law lays down obligation which states are bound to respect
- Paano??? International law to national law (Through the process of ratification)
Ratification
- Adopt law
- Passage of law
- Convert the international law to national/domestic law
- We make our laws in accordance to the agreements
INTERNATIONAL HUMANITARIAN LAW
- Also called as law of war or the law of armed conflict
- To limit the effects of armed conflict
- It protects persons who are not or are no longer participating in the hostilities and restricts
means and methods of warfare.
- Applies to armed conflicts
- There are several treaties that prohibit or restrict the use of specific wepaons, including anti
personnel mines, exploding or expanding bullets, blinding laser weapons, and most recently in
2008, cluster munitions
 - The basis of international humanitarian is the principle of distinction, to target only military
objectives and not civilian population or individual civilians or civilian objects. Failing to make
distinction is a war crime.
UNIVERSAL DECLARATION OF HUMAN RIGHTS
- It sets out for the first time, fundamental human rights to be universally protected
( it is applicable for all over the world)
- Translated into 500 languages, the most translated document in the world

1. Individual rights
→ Given by authority individually, enjoy by your own self
2. Collective rights
→ Group of people
→ Enjoyed by a company of people
3. Civil Rights
→ Private life
→ More of the relationship with other people
→ Right to marry and etc.
4. Political Rights
→ Right to participate
5. Economic And Social Rights
→ Right to employment
6. Cultural Rights

ARTICLE 3 OF THE 1987 CONSTITUTION

- Bill of Rights
- Set of rights use to protect against government and individual
- Declaration and enumeration of a person’s rights
SECTION 1. No person shall be deprived of liberty or property without due process
a. Due process
- Process given by the law to people in order for them to be heard in court
- Legality of the law that is being applied
➢ Substantive due process- legality of the law being applied
➢ Procedural due process- are the methods applied, legality of the procedure or
process in implementing the law
b. What constitute deprivation?
1. Deprivation of Life
- Pinagkaitan
- Physical injury
2. Deprivation of Liberty
- Deprivation of freedom
- Prevents you from doing something
3. Deprivation of property
- Enjoyment of property
- Properties are destroyed
- Eminent domain (public purpose and just compensation)
 3 Powers of Government
1. Power of Taxation
2. Police Power- Power to regulate laws
3. Eminent domain- deprived of private property
CLASSIFICATION OF CONSTITUTIONAL RIGHTS
1. Political Rights
- Participated in the establishment of the government
- Suffrage
2. Civil Rights
- Allows us to enjoy life
- Securing private individuals
- To enjoy our life, means happiness
3. Rights of the accused
- Rules 115 of rules of the court
- Rights of the accused under custodial investigation ( Section 12 Article 3 of 1987)
c. Meaning of equal participation of law
- We should be treated alike
- Equal treatment- lady justice- equal protection of law
SECTION 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
- We cannot just be arrested without cause
- We have right to be secured
- Against illegal search and seizures
- Secured us from illegal searches, seizures and arrest
SEARCH WARRANT
- Order in writing issued in the name of the people of the ph.
- Signed by the judge
- Directed to a peace officer
- Commanding him to search for a personal property described therein and bring it before to the
court
WARRANT OF ARREST
ARREST- taking of a person into custody. In order that he may be bound to answer for the commission
of an offense.
Scope of protection
1. Person
2. Houses- hindi lang sa bahay, pero it also includes the garage, warehouse
3. Papers And effects- sealed documents or letters

REQUISITES FOR A VALID SEARCH WARRANT/ WARRANT OF ARRESTS

1. Issued upon a probable cause
- Probable cause means enough reasons
2. Probable cause must be determined personally by the judge
3. Made after examination by the judge of the complainant and witness he may produces
- Pagkatapos niyang matanggap yung complaint and matapos pakinggan mga witness
 4. Must particularly describe the place to be searched and person or things to be searched
WARRANTLESS SEARCHES
Instances of valid warrantless search
➢ The constitutional prescription against warrantless searches and seizures is not absolute, but
admits of a certain exception namely:
→ Search incidental to lawful arrest
→ Seizure of evidence in plain view
→ Search of moving vehicles
→ Consented warrantless arrest
→ Custom search
→ Stop and Frisk
→ Emergency Situations
A. SEARCH INCIDENTAL TO A LAWFUL ARREST
- Hindi mo sinasadyang meron kang makuha
- To protect the arresting officer from harm
- 1st rule: validty of warrantless arrest would also determine the validity of warrantless
search. (Pag illegal yung arrest mo, matic yung warrantless search is illegal din)
- 2nd rule: Arrest must precede the search and seizure ( Arrest must comes first before the
search. And cannot be reversed depende lang if may search warrant)
When is an arrest lawful?
→ Warrant of Arrest
→ Warrantless arrest as provided by the rules (Section 5, 113)
Arrest without warrant, when lawful
a. Inflagrante delicto
- Means the very act of commiting the crime
- Is actually committing, attempting to commit and has committed
Elements:
1. Overt Acts/ Overt Acts Test
- Acts performed in the commission of the crime
- Acts related sa pag commit ng crime
2. Overt acts must be done in the presence within the view of the
arresting officer
- Dapat makita niya mismo
b. Hot pursuit arrest
- 1st : Arresting officer had a personal knowledge
- Prove to yourself that a crime is committed
- A hearsay tip by itself does not justify a warrantless arrest.
- 2nd : immediacy of time
c. Arrest of fugitive
EXTENT OF SEARCH
- Valid arrest allows the seizure of evidence or dangerous weapons either.
- Where can you perform the search?
✓ On the person
✓ Within the area of immediate control ( area from which he might gain possession of
weapon or destructible evidence)
- When???
✓ The time of the incident to his/her arrest
 ✓ Cannot be made in a place other than the arrest
Note: search of a person in a public places is valid (jeep, buses etc. not applicable sa
privately owned cars)
2 KINDS OF SEARCH OF MOVING VEHICLES
1. Mere routine inspection
- Limited to a visual search
- Draws aside the curtain
- Simply looks at the vehicle
2. Extensive Search
- More thorough
- When there is a probable cause

PLAIN VIEW DOCTRINE

- The plain view doctrine is usually applied where a police officer is not searching for evidence
against the accuse but nonetheless inadvertently ( Accidentaly mo lang Nakita) comes across an
incriminating object ( creates suspicion on the part of the police)
REQUISITES FOR THE APPLICATION OF PLAIN VIEW DOCRTINE
a. Law enforcement officer in search of the evidence has a prior justification for an intrusion or in a
position from which he can view a particular area
- He has a reason bat Nakita or nakuha
- Example: valid checkpoints
b. The discovery of the evidence in plain view is inadvertent
- Pure accident, hindi mo plinan na makita yung evidence
c. It is immediately apparent to the officer that the item he observes maybe evidence os a crime,
contraband or otherwise subject to seizure.
- Not all things can be seized, not all things are illegal in nature
NOTE: the absence of one element, hindi na siya consider na plain view

CONSENTED WARRANTLESS SEARCH

- A person’s consent to warrantless search must be:
a. Unequivocal
b. Specific and intentionally given
c. Uncontaminated by any duress or coercion
- The question whether a consent to search was voluntary or was the product of duress or
coercion, express or implied, is a question of fact to be determined from the totality of all
circumstances
- Consent to search is not to be lightly inferred, but shown by a clear and convincing evidence
- ( present evidence that the search was really consented, proving the consent)
- We have ruled that to a constitute waiver
1. Must first appear that the right exist
- Alam niya na may Karapatan siya against illegal searchers
2. The person involved had knowledge, actual or constructive of the existence of a such right
3. Said person had an actual intention to relinquish the right

✓ The lack of objection to the search and seizure is not tantamount to a waiver of constitutional
rights or a voluntary submission to the warrantless search and seizure
✓ Consent thata is a product of official intimidation or harassment is not consent at all
✓ Implied consent: di lang sa salita binibigay pero pati na din sa action
 STOP AND FRISK
- Also called as terry search
- Are conducted to prevent the occurrence of a crime
- Unsual or suspicious
- Search comes first before the arrest (vice versa siya ng incidental to a lawful arrest)
- Originally sa outer clothing lang
2 folds interest of stop and frisk
1. The general interest of effecrive crime prevention and detection
2. Interest of safety and self preservation
What constitute stop and frisk?
- Stop and frisk is the act of police officer to stop a citizen, interrogate him and pat him for
weapon or contraband
- Introduce yourself first
- Search and seizure should precede the arrest