Universal Human Rights and the bill
of rights
i noDeclared
neelo a
soo
languages
(Atty. Noel Sinco)
Humans - refers to everyone on earth irrespective of
their age, ethnicity, nationality, ideology, orientation,
sex or creed.
Rights - refers to privileges that one compulsorily
deserves irrespective of his or her age, ethnicity,
nationality, ideology, orientation, sex or creed.
Rights are usually legally enforceable in character and
application.
Human Rights - privileges and opportunitles which a
person is entitled to by the simple virtue of the fact
that he is a human being.
SOURCE OF RIGHTS
• International Rights : Treaties,Int’l Customs
• Constructional Rights : 1987 Constitution
• Statutory Right : National Laws
• Contractual Rights : Private Contracts
INTERNATIONAL BILL OF HUMAN RIGHTS
• UDHR: Universal Declaration of Human Rights
• ICCPR: International Covenant of Civil and Political
Rights
• IESCR: International Economic, Social and Cultural
Rights
75th Anniversary of Universal
Declaration of human rights
UNIVERSAL DECLARATION OF HUMAN RIGHTS
‣ is an international document adopted by
the United Nations General Assembly that
enshrines the fundamental rights of every
human beings.
‣ Drafted by a UN Committed chaired by
Eleanor Roosevelt, it was accepted by the 8. Article 8 : Everyone has the right to an effective
General Assembly as Resolution No. 217
during its 3% session on 10 December
1948 in Paris, France.
‣ Of the 58 member of the United Nations
at the time, 48 voted in favor none
against, 8 abstained and 2 did not vote
Former U.S rst lady
Eleanor Roosevelt
and the printed copy
of the UDHR
ARTICLE 1-20
1.
Article 1 : All human beings are born free and
equal in dignity and rights. They are endowed
with reason and conscience and should act
towards one another in a spirit of brotherhood.
2. Article 2 : Everyone is entitled to all the rights
and freedoms set forth in this Declaration,
without distinction of any kind, such as race,
colour, sex, language, religion, political or other
opinion, national or social origin, property, birth
or other status. Furthermore, no distinction shall
be made on the basis of the political, jurisdictional
or international status of the country or
territory to which a person belongs, whether it be
independent, trust, non-self-governing or under
any other limitation of sovereignty.
3. Article 3 : Everyone has the right to life, liberty
and security of person.
4. Article 4 : No one shall be held in slavery or
ser vitude; slavery and the slave trade shall be
prohibited in all their forms.
5. Article 5 : No one shall be subjected to torture or
to cruel, inhuman or degrading treatment or
punishment.
6. Article 6 : Everyone has the right to recognition
everywhere as a person before the law.
7. Article 7 : All are equal before the law and are
entitled without any discrimination to equal
protection of the law. All are entitled to equal
protection against any discrimination in violation
of this Declaration and against any incitement to
such discrimination.
remedy by the competent national tribunals for
acts violating the fundamental rights granted
him by the constitution or by law.
9. Article 9 : No one shall be subjected to arbitrary
arrest, detention or exile.
10. Article 10 : 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.
11. Article 11 :
◦ Everyone charged with a penal offence has the
right to be presumed innocent until proved
guilty according to law in a public trial at which
he has had all the guarantees necessary for his
defence.
◦No one shall be held guilty of any penal offence
on account of any act or omission which did not
constitute a penal offence, under national or
international law, at the time when it was
committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the
time the penal offense was committed.
12. Article 12 : No one shall be subjected to arbitrary
interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and
reputation. Everyone has the right to the protection of
the law against such interference or attacks.
13. Article 13 : Everyone has the right to freedom of
movement and residence within the borders of each
state. Everyone has the right to leave any country,
including his own, and to return to his country.
14. Article 14 : Everyone has the right to seek and to
enjoy in other countries asylum from persecution.
This right may not be invoked in the case of
prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and
principles of the United Nations.
15. Article 15 : Everyone has the right to a nationality.
No one shall be arbitrarily deprived of his nationality
nor denied the right to change his nationality.
16. Article 16 :
◦Men and women of full age, without any
limitation due to race, nationality or religion,
have the right to marry and to found 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.
◦The family is the natural and fundamental
group unit of society and is entitled to
protection by society and the State.
17. Article 17 : Everyone has the right to own property
alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
18. Article 18 : Everyone has the right to freedom of
thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom,
either alone or in community with others and in public
or private, to manifest his religion or belief in
teaching, practice, worship and observance.
19. Article 19 : Everyone has the right to freedom of
opinion and expression; this right includes freedom to
hold opinions without interference and to seek,
receive and impart information and ideas through
any media and regardless of frontiers.
20. Article 20 : Everyone has the right to freedom of
peaceful assembly and association. No one may be
compelled to belong to an association.
ARTICLE III, BILL OF RIGHTS (1987
CONSTITUTION)
• Section 1 : No person shall be deprived of life,
liberty, or property without due process of law,
nor shall any person be denied the equal protection
of the laws.
• Section 4 : No law shall be passed abridging the
freedom of speech, of expression, or of the press,
or the right of the people peaceably to assemble
and petition the government for redress of
grievances.
• Section 5 : No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment
of religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights
EQUAL PROTECTION CLAUSE
• Classi cation, to be valued, must (1) rest on
substantial distinction, (2) be germane to the
purpose of the law, (3) not be limited to existing
condition only, and (4) apply equally to all members
of the same class
• Bernas, the 1987 Constitution of the Republic of
the Philippines. A commentary, 1996 ed., p. 124:
quoting “people vs cayat”, 68 Phil 12, 18 (1939) as
cited in Tiu et al vs Court of appeals, et al (G.R. No.
127410. January 29, 1990)
SECURITY OF PERSON AND THEIR
PROPERTY
• 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 af rmation 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.
• Section 3 (1) : The privacy of communication and
correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order
requires other wise, 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.
FREEDOM OF SPEECH ABODE AND RETURN
• Section 4 : No law shall be passed abridging the
freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and
petition the government for redress of grievances
• Section 6 : The liberty of abode and of changing the
same within the limits prescribed by law shall not
be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except
in the interest of national security, public safety,
or public health, as may be provided by law.
MARRIAGE
• Section 2 : Marriage, as an inviolable social
institution, is the foundation of the family and
shall be protected by the State.
• We need NOT only to be aware and conscious about
Human rights. We also need to protect the rights
of everyone and to also educate other people
about the limits of our rights that can also
encroaches other people right
• Those rights are not longer human right but they
are now abuse of rights. Hence, they are legally
demandable under the law.
The 1987
Constitution and
the Flag and
Heraldic Code
THE 1987 CONSTITUTION
It’s a written instrument by which the
fundamentals power of the government are
established, limited and de ned by which
these powers are distributed among the
several departments/ branches for the
bene t of the people.
(Highest law of the land)
(Binds all the people)
(It’s mandatory)
NATURE & PURPOSE
• Supreme and Fundamental Law
‣ The constitution is binding in all citizen
and all organ of government. It is the law
to which all other laws must conform
• Basic Framework
‣ Providing a system to the government
assigning power in duties to different
government department or branches
protecting the rights of individuals
against abritary actions of the
government
DIFFERENT CONSTITUTION
• The Malolos Constitution
‣ A constitution when Emilio Aguinaldo
was the President
‣ Was enacted and established the short-
lived Philippine republic (January 23,
1899 - March 23, 1901). It provided for
a trichotomy in power bet ween the
executive, legislative, and judiciary
(Executive = the enforcement of law)
(Legislative = creates the law)
(Judiciary = interprets the law)
• 1935 Constitution
‣ The original 1915 constitution provided
for a unicameral National Assembly. And
 The president was elected to a 8th year
term without the possibility of
reelection. It was amended in 1940 to
have a bicameral congress composed of
senate and House of Representatives, to
create an independent electoral
commission and the grant the president 4
year term.
(Under common wealth)
(Manuel L. Quezon)
• 1973 Constitution
‣ Was promulgated after the declaration
of martial law.
‣ It established a parliamentary form of
government and introduced merger of
executive and legislative
(because of martial law, in creating law the president acts as
the executive and legislative)
• Freedom Constitution
‣ Immediately following the 1986 people
power revolution that ousted Marcos,
President Corazon Aquino issued
predomination no. 3 as a provisional
constitution. It granted the president
broad powers to reorganize government
and remove of cials ,as wells
mandating the president to appoint a
commission to draft a new formal
constitution
• 1987 CONSTITUTION
◦This new constitution was drafted in 133
days by an appointed Constitutional
Commission of 48 members and rati ed by
the people in a plebiscite held on February 2,
1987. It was largely modeled on the
American Constitution providing a
trichotomy in power, creating
constitutional commissions and providing
articles on social justice, human rights,
environment, among others.
Article I. National Territory
Article II. Declaration of Principles and State Policies
Article III. Bill of Rights
Article IV. Citizenship Article V. Suffrage
Article VI. The Legislative Department
Article VII. The Executive Department
Article VIII. The Judiciary
Article IX. Constitutional Commissions
Article X. Local Government
Article XI. Accountability of Public Of cers
Article XII. National Economy and Patrimony
Article XIII. Social Justice and Human Rights
Article XIV. Education, Science and Technology, Arts,
Culture, and Sports
Article XV. The Family
Article XVI. General Provisions
Article XVII. Amendments or Revisions
Article XVII. Transitory Provisions
PREAMBLE
• The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, uvial, and aerial
domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine
areas. The waters around, bet ween, and connecting
the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal
waters of the Philippines.
NATIONAL TERRITORY
• The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction,
consisting of its terrestrial, uvial, and aerial
domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine
areas. The waters around, bet ween, and connecting
the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal
waters of the Philippines.
BILL OF RIGHTS
‣ It establishes the relationship of the
individual to the State and de nes the
rights of the individual by limiting the
lawful powers of the State.
◦SECTION 1 : No person shall be deprived of life,
liberty, or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
Due Process:
◦A law which hears before it condemns, which
proceeds upon inquiry and renders judgment only
after trial." (Darmouth College vs. Woodward)
◦Responsiveness to the supremacy of reason,
obedience to the dictates of justice (Ermita-
Malate Hotel v. Hon City Mayor of Manila, G.R.
No L-24693, July 31, 1967)
◦Universal in application to all persons without
regard to any difference in race, color or
nationality. Arti cial persons are covered by
the protection but only insofar as their
property is concerned. (Smith Bell and Co. vs
Natividad)
Due Process: Meaning of life, Liberty, property
◦ Life - includes the right of an individual to
his body in its completeness, free from
dismemberment, and extends to the use of
God-given faculties which make life
enjoyable. (Justice Malcolm)
◦Liberty - includes the right to exist and the
right to be free from arbitrary personal
restraint and ser vitude. It includes the right
of the citizen to be free to use his faculties
in all lawful ways (Rubi vs. Provincial Board
of Mindoro)
◦Property is anything that can come under
the right of ownership and be the subject of
contract.
Equal Protection
◦All persons or things similarly situated
should be treated alike, both as to rights
conferred and responsibilities imposed.
Citizenship
◦SECTION 1. The following are citizens of the
Philippines:
1. Those who are citizens of the Philippines at the
time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of
the Philippines;
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority, and
4. Those who are naturalized in accordance with
law
SEPARATION OF POWERS
1. Legislative departments
2. Executive department
3. Judicial department
CONSTITUTIONAL COMMISSION
◦The Civil Ser vice Commission acts as a
central agency in charge of government
personnel.
◦The Commission on Elections enforces and
administers all election laws and regulations
to ensure that they are free and fair for all
involved.
◦The Commission on Audit examines all funds,
transactions, and property accounts of the
government and its agencies.
LEGAL BASIS
• REPUBLIC ACT NO. 8491
“ An act prescribing the code of the national ag,
anthem, motto, coat of arms and other heraldic
items and devices of the Philippines.
• Legal provision
◦SECTION 1 : Short Title - This act shall be
known as the “Flag and Heraldic Code of
the Philippines.”
◦SECTION 2 : A Declaration of Policy –
Reverence and respect shall at all times be
accorded the ag, the anthem and other
national symbols which embody the
national ideals and traditions and which
express the principles of sovereignty and
national solidarity. The heraldic items and
devices shall seek to manifest the national
virtues and to inculcate in the minds and
hearts of our people a just pride in their
native land, tting respect and affection
for the national ag and anthem, and the
proper use of the national motto, coat-of-
arms and other heraldic items and devices.
◦SECTION 4 : The ag of the Philippines shall
be blue, white and red with an eight-rayed
golden-yellow sun and three ve-pointed
stars, as consecrated and honored by the
people.
◦SECTION 5 : The ag shall be displayed in all
public buildings, of cial residences public
plazas, and institutions of learning
everyday throughout the year.
◦SECTION 6 : The ag shall be permanently
hoisted, day and night throughout the
year, in front of the following; at
Malacanang Palace; the Congress of the
Philippines building; Supreme Court
building; the Rizal Monument in Luneta,
Manila; Aguinaldo Shrine in Kawit, Cavite;
Barasoain Shrine in Malolos, Bulacan; the
Tomb of the Unknown Soldier, Libingan
ngmga Bayani; Mausuleo de los Beteranos
dela Revolucion; all International Ports of
Entry and all other places as maybe
designated by the Institute.
◦SECTION 7 : The ag shall also be displayed
in private buildings and residences or
raised in the open ag-staffs in front of
said buildings every April 9 (Araw
ngKagitingan); May 1 (Labor Day); May
28 (National Flag Day) to June 12
(Independence Day); last Sunday of August
(National Heroes Day); November 30
(Bonifacio Day); and December 30 (Rizal
Day); and on such other days as may be
declared by the President and/or local chief
executives.

◦SECTION 10 : The ag, if own from a agpole,
shall have its blue eld on top in time of peace
and the red eld on top in time of war; if in a
hanging position, the blue eld shall be to the
right (left of the obser ver) in time of peace,
and the red eld to the right (left of the
observer) in time of war.
◦SECTION 14 : A ag worn out through wear
and tear shall not be thrown away. It shall be
solemnly burned to avoid misuse or
desecration. The ag shall be replaced
immediately when it begins to show signs of
wear and tear.
◦SECTION 18. All government of ces and
educational institutions shall henceforth
observe the ag-raising ceremony every
Monday morning and the ag lowering
ceremony every Friday afternoon. The
ceremony shall be simple and digni ed and
shall include the playing or singing of the
Philippine National Anthem
◦SECTION 23. The ag shall be own at half-
mast as a sign of mourning on all buildings and
places where it is displayed, as provided for in
this Act, on the day of of cial announcement
of the death of any of the following of cials:
a. The President or a former President, for
ten (10) days
b. The Vice-President, the Chief Justice,
the President of the Senate, and the
Speaker of the House of
Representatives, for seven (7) days;
and
c. Other persons to be determined by the
Institute, for any period less than seven
(7) days.
◦SECTION 24 : The ag may be used to cover the
caskets of the honored dead of the military,
veterans of previous wars, national artists,
and of civilians who have rendered
distinguished ser vice to the nation, as maybe
determined by the local government unit
concerned. In such cases, the ag shall be
placed such that the white triangle shall be at
the head and the blue portion shall cover the
right side of the caskets. The ag shall not be
lowered to the grave or allowed to touch the
ground, but shall be folded solemnly and
handed over to the heirs of the deceased.
◦SECTION 48 : Failure or refusal to obser ve the
provisions of this Act; and any violation of
the corresponding rules and regulations issued
by the Of ce of the President shall, after
proper notice and hearing, be penalized by
public censure which shall be published at least
once in a newspaper of general circulation.The
Department of Education, Culture and Sports
and the Commission on Higher Education, upon
the recommendation of the Institute and
after the proper notice and hearing, shall
cause the cancellation of the recognition of
permit of any private educational institution
which fails or refuses to observe the
provisions of this Act for the second time.
◦SECTION 50 : Any person or judicial entity
which violates any of the provisions of this
Act shall, upon conviction, be punished by a
ne of not less than Five thousand pesos
(5,000.00) not more than Twenty thousand
pesos (P20,000.00), or by imprisonment for
not more than one (1) year, or both such ne
and imprisonment, at the discretion of the
court: Provided, That for any second and
additional offenses, both ne and
imprisonment shall always be imposed:
Provided, That in case the violation is
commited by a juridical person, its President or
Chief Executive Of cer thereof shall be liable.