You are on page 1of 14

HUMAN RIGHTS EDUCATION

BASIS:
CHED MEMORANDUM ORDER (CMO_ NO. 5 SERIES OF 2018
SUBJECT: POLICIES, STANDARDS AND GUIDELINES FOR THE BACHELOR OF SCIENCE IN
CRIMINOLOGY PROGRAM
SECTION 8 (CURRICULUM DESCRIPTION)

- ARTICLE 5, CMO 05 SERIES OF 2018

THE BS CRIMINOLOGY CURRICULUM HAS A TOTAL OF 117 UNITS FOR:


i. GENERAL EDUCATION; (MINOR SUBJS.)
ii. PROFESSIONAL COURES; AND (MAJOR/ CORE SUBJS)
iii. PRACTICUM (ON THE JOB TRAINING)

SECTION 9 (SAMPLE CURRICULUM)

- ARTICLE V, CMO 05 SERIES OF 2018

THE PROFESSIONAL COURSES ARE COMPRISED OF THE FF:


I. CORE (19 UNITS);AND
II. MAJOR (105 UNITS)
SECTION 9
THE MAJOR COURSES ARE COMPRISED OF THE FF:
I. 4 LAW ENFORCEMENT ADMINISTRATION
II. 6 FORENSIC
III. 9 CRIME DETECTION AND INVESTIGATION
IV. 8 CRIMINAL SOCIOLOGY
V. 3 CA
VI. 2 CP
VII. 2 CHARACTER FORMATION LEADERSHIP AND MANAGEMENT
THE CORE COURSES ARE COMPRISED OF THE FF:
I. CRIMINAL LAW AND JURISPRUDENCE 1 (INTRO TO PCJS)
II. CLJ 2 (HUMAN RIGHTS EDUCATION)
III. CLJ 3 (CRIMINAL LAW 1)
IV. CLJ 4 (CRIMINAL LAW 4)
V. CLJ 5 (EVIDENCE)
VI. CLJ 6 (CRIMINAL PROCEDURE AND CT)
PCAP – PROFESSIONAL CRIMINOLOGST ASSOCIATION OF THE PHILIPPINES
COURSE DESCRIPTION:
- HUMAN RIGHTS, FREEDOM, THE GOVERNMENT AND ITS POWER TO MAKE LAWS,
THE ROLES OF STATE ACTORS AND NON-STATE ACTORS ON HUMAN RIGHTS, AND
THE NATIONAL AND INTERNATIONAL VENUE FOR THE PROTECTION OF HUMAN
RIGHTS.
a. FUNDAMENTAL CONCEPTS AND PRINCIPLES OF HUMAN RIGHTS
b. FREEDOM VS HUMAN RIGHTS
c. THE STATE/ GOVT, ITS POLICE POWER, AND HUMAN RIGHTS
d. UNIVERSAL DECLARATION OF HUMAN RIGHTS
e. HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES
f. BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS
g. STATUTORY RIGHTS:
- RIGHTS OF THE ACCUSED
- RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION, AND DEPRIVATION OF
LIBERTY
- WOMEN AND CHILDREN’S RIGHTS (RA 9262 & A7610 “ANTI CHILD ABUSE LAW”)
- RIGHTS OF CULTURAL MINORITIES OR INDIGENOUS PEOPLE
- RIGHTS OF PRISONERS
- HUMAN RIGHTS AND CJS
h. THE UN AND INTERNATIONAL CONVENTION ON RIGHTS OF PRISONERS OF WAR
AND IN CONFLICT AREAS
i. HUMAN RIGHTS AND MUNICIPAL COURTS OF LAW, AND INTERNATIONAL
CRIMINAL COURT AND THE INTERNATIONAL COURT OF JUSTICE

FUNDAMENTAL CONCEPTS AND PRINCIPLES OF


HUMAN RIGHTS

JARGON BULLTES (TERMS):


HUMAN

- A HUMAN BEING, ESPECIALLY A PERSON AS DISTINGUISHED FROM AN ANIMAL


OR AN ALIEN
RIGHTs

- AN ENTITLEMENT TO SOMETHING, WHETHER TO CONCEPTS LIKE JUSTICE AND


DUE PROCESS, OR TO OWNERSHIP OF PROPERTIES
HUMAN RIGHTS

- BASICE RIGHTS AND FREEDOMS THAT BELONG TO EVERY PERSON IN THE


WORLD, FROM BIRTH UNTIL DEATH.
- THEY APPLY REGARDLESS OF WHERE YOU ARE FROM, WHAT YOU BELIEVE OR
HOW YOU CHOOSE TO LIVE YOUR LIFE.
- THEY CAN NEVER BE TAKEN AWAY ALTHOUGH THEY CAN SOMETHING BE
RESTRICTED- FOR EXAMPLE IF A PERSON BREAKS THE LAW, OR IN THE INTEREST
OF THE NATIONAL SECURITY
- THESE BASIC RIGHTS ARE BASED ON SHARED VALUES LIKE DIGNITY, FAIRNESS,
EQUALITY, RESPECT AND INDEPENDENCE
- PROTECTED BY LAW

EDUCATION

- THE PROCESS OF RECEIVING OR GIVING SYSTEMATIC INSTRUCTION, ESPECIALLY


AT A SCHOOL OR AN UNIVERSITIES
FUNDAMENTAL

- FORMING A NECESSARY BASE OR CORE; OF CENTRAL IMPORTANCE


- A CENTRAL OR PRIMARY RULE OR PRINCIPLE ON WHICH SOMETHING IS BASED.

CONCEPT

- SOMETHING CONCEIVED IN THE MIND: THOUGHT, NOTION


- AN ABSTRACT OR GENERIC IDEA GENERALIZED FROM PARTICULAR INSTANCES

PRINCIPLE

- A FUNDAMENTAL TRUTH OR PROPOSITION THAT SERVES AS THE FOUNDATION


FOR A SYSTEM OF BELIEF OR BEHAVIOR OR FOR A CHAIN OF REASONING
- A GENERAL SCIENTIFIC THEOREM OF LAW THAT HAS NUMEROUS SPECIAL
APPLICATIONS ACROSS A WIDE FIELD.

FUNDAMENTAL CONCEPTS OF HUMAN RIGHTS


1. UNIVERSAL
- EVERYONE IS BORN WITH AND POSSESSES THE SAME RIGHTS REGARDLESS OF
THEIR BACKGROUND, NATIONALITY, PLACE OF LIVING OR STATUS.
2. INDIVISBLE
- ALL RIGHTS ARE EQUALLY IMPORTANT AND CANNOT BE SEPERATED FROM
EACH OTHER.
3. INALIENABLE
- ALL HUMAN RIGHTS ARE NON-DEROGABLE AND CANNOT BE REMOVED BY ANY
POLITICAL ORDER.
4. INTERDEPENDENT
- RIGHTS- POLITICAL, CIVIL, SOCIAL, CULTURAL AND ECONOMIC- ARE
CONNECTED AND MORE CAN BE FULLY ANJOYED WITHOUT THE OTHERS.

5 CORE PRINCIPLES OF HUMAN RIGHTS


1. DIGNITY
2. FAIRNESS
3. EQUALITY
4. RESPECT
5. INDEPENDENCE

TWO MAJOR CATEGORIES OF HUMAN RIGHTS


1. CIVIL AND POLITICAL
- ARE SAID TO BE “CLASSIC”, AND ARE KNOWN AS “LIBERTY ORIENTED HUMAN
RIGHTS” BECAUSE THEY PROVIDE, PROTECT AND GUARANTEE INDIVIDUAL
AGAINST THE STATE AND ITS AGENCIES.
A. RIGHT TO LIFE
B. RIGHT TO FREEDOM FROM TORUTRE
C. RIGHT TO A FAIR TRIAL
D. RIGHT TO FREEDOM OF ASSEMBLY AND ASSOCIATION
E. RIGHT TO THEORY AND SECURITY
F. RIGHT TO FREEDOM OF DISCRIMINATION
2. ECONOMIC, SOCIAL, AND CULTURAL
- DEVELOPED IN THE AFTERMATH OF WORLD WAR II AGAINST THE BACKGROUND
OF GROWING INEQUALITIES AND THE CHANGED VIEW OF THE STATE’S ROLE IN
AN INDUSTRIALISING WORLD.
- REQUIRE MORE ECONOMIC RESOURCES AND POSITIVE ACTIONS FROM THE
STATE, AND HAVE THUS BEEN FERRED TO AS “ RIGHTS-DEBTS”.
- KNOWN AS “SECURITY ORIENTED HUMAN RIGHTS” BECAUSE THESE RIGHTS
JOINTLY PROVIDE AND GUARANTEE THE ESSENTIAL SECURITY IN THE LIFE OF
AN INDIVIDUAL.
A. RIGHT TO AN ADEQUATE STANDARD OF LIVING
B. RIGHT TO EDUCATION
C. RIGHT TO HEALTHY ENVIRONMENT
D. RIGHT TO SOCIAL SECURITY
- ONE OF THEIR PARTICULAR FEATURES ID THE “PROGRESSIVE REALISATION”
- BASED ON THE STATE’S AVAILABLE RESOURCES.

FREEDOM IN RELATION TO HUMAN RIGHTS

FREEEDOM
POWER OR RIGHT TO ACT, SPEAK, OR THINK AS ONE WANT WITHOUT HINDRANCE OR
RESTRAINT.
EXAMPLE:
A. FREEDOM TO SPEAK
- SECTION 3. (1) THE PRIVACY OF COMMUNICATION AND CORRESPONDENCE
SHALL BE INVIOLABLE
- (2) ANY EVIDENCE OBTAINED IN VIOLATION OF THIS OR THE PRECEDING
SECTION SHALL BE INADMISSIBLE FOR ANY PURPOSE IN ANY PROCEEDING
- SECTION 4. NO LAW SHALL BE PASSED ABRIIDGING THE FREEDON OF SPEECH, OF
EXPRESSION, OR OF THE PRESS
B. FREEDOM TO THINK, SPEAK AND ACT
- SECTION 5. NO LAW SHALL BE MADE RESPECTING AN ESTABLISHMENT OF
RELIGION OR PROHIBITING THE FREE EXERCISE THEREOF

ABSENCE OF SUBJECTION TO FOREIGN DOMINATION OR DESPOTIC GOVERNMENT.


EXAMPLE:
A. FREEDOM FROM FOREIGN DOMINATION
- ART 2. SECTION 2. THE PHILIPPINES ADHERES TO THE POLICY OF PEACE,
EQUALITY, JUSTICE, FREEDOM, COOPERATION, AND AMITY WITH ALL NATIONS.
B. FREEDOM FROM DESPOTIC GOVERNMENT
- ART. 3. SEC.4. OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE AND
PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES.

STATE OF BEING NOT IMPRISONED OR ENSLAVED


EXAMPLE:
A. FREEDOM FROM IMPRISONMENT
- ART. 3 SEC 18. (1) NO PERSON SHALL BE DETAINED SOLELY BY REASON OF HIS
POLITICAL BELIEFS AND ASPIRATIONS.
- SEC.20. NO PERSON SHALL BE IMPRISONED FOR DEBT OR NON-PAYMENT OF A
POLL TAX.
B. FREEDOM FROM SLAVERY
- ART. 3 SEC 18. (2) NO PERSON INVOLUNTARY SERVITUDE IN ANY FORM SHALL
EXIST EXCEPT AS A PUNISHMENT FOR A CRIME WHEREOF THE PARTY SHALL
HAVE BEEN DULY CONVICTED.

CONCEPT OF STATE
STATE

- IT IS COMMUNITY OF PERSONS, MORE OR LESS NUMEROUS, PERMANENTLY


OCCUPYING A DEFINITE PORTION OF TERRITORY, INDEPENDENT OF EXTERNAL
CONTROL, AND POSSESSING GOVERNMENT TO WHICH A GREAT BODY OF THE
INHABITANTS RENDER HABITUAL OBEDIENCE.
- A POLITICALLY ORGANIZED SOVEREIGN COMMUNITY INDEPENDENT OF OUTSIDE
CONTROL BOUND BY TIES OF NATIONHOOD, LEGALLY SUPREME WITHIN ITS
TERRITORY, ACTING THROUGH A GOVT FUNCTIONING UNDER A REGIME OF LAW.

ELEMENTS OF A STATE:
1. PEOPLE
- IT REFERS TO THE MASSIVE POPULATION LIVING WIHTIN THE STATE.
- ALSO, IT REFERS TO FUNCTIONARIES OR SUBJECT TO BE GOVERNED.
A. SMALLEST STATE
- NAURU (OCEANIA) WITH 11,000 PIPS
- TUVALU (OCEANIA) WITH 10,200
- VATICAN (EUROPE) WITH 799
B. BIGGEST STATES
- USA (NORTH) WITH 331, 002,651
- INDIA (ASIA) WITH 1, 380, 004, 385
- CHINA (ASIA) WITH 1, 439,323, 776
2. TERRITORY
- IT INCLUDES TERRESTRIAL, FLUVIAL, MARITIME, AND AERIAL DOMAINS.
A. SMALLEST
- NAURU (OCEANIA) WITH 21 KM2
- MONACO (EUROPE) WITH 2 KM2
- VATICAN (EUROPE) WITH 0.44 KM2
B. BIGGEST
- CHINA (ASIA)- 9,706,961 KM2
- CANADA (NORTH)- 9,984, 670 KM2
- RUSSIA (EUROPE)- 17, 098, 242 KM2
3. SOVEREIGNTY
- IT REFERS TO THE SUPREME POWER OF THE STATE TO COMMAND AND ENFORCE
OBEDIENCE TO ITS WILL FROM PEOPLE WITHIN ITS JURISDICTION AND TO HAVE
FREEDOM FROM EXTERNAL CONTROL.
2 MANIFESTATION:
A. INTERNAL
- IT REFERS TO THE POWER OF STATE TO RULE WITHIN ITS TERRITORY.
B. EXTERNAL
- IT REFERS TO THE FREEDOM OF THE STATE TO CARRY OUT ITS IBJECTIVES
WITHOUT CONTROL BY OTHER STATES.
4. GOVERNMENT
- IT REFERS TO THE AGENCY THROUGH WHICH THE WILL OF THE STATE IS
FORMULATED, EXPRESSED AND CARRIED OUT.

COMMISSION ON HUMAN RIGHTS


WHEN AND HOW THE CHR ESTABLISHED?
FEB. 2, 1987 THROUGH THE PHILIPPINE CONSTITUTION

- SEC. 17, ART. XIII


(1) THERE IS HEREBY CREATED AN INDEPENDENT OFFICE CALLED COMMISION ON
HUMAN RIGHTS
(3)UNTIL THIS COMMISSION IS CONSTITUTED, THE EXISTING PRESIDENTIAL
COMMITTEE ON HUMAN RIGHTS SHALL CONTINUE TO EXERCISE ITS PRESENT
FUNCTIONS AND POWERS.
THE CHR IS ESTABLISHED ON MAY 5, 1987 BY VIRTUE OF EXECUTIVE ORDER NO. 163
WHY WAST THE CHR ESTABLISHED?
SEC. 11, ART II. THE STATE VALUES THE DIGNITY OF EVERY HUMAN PERSON AND
GUARANTEES FULL RESPECT FOR HUMAN RIGHTS.

VISION:
A JUST AND HUMANE PHILIPPINE SOCIETY OF PERSONS EQUAL IN OPPORTUNITY,
LIVING A LIFE OF DIGNITY, AND FOREVER VIGILANT AGAINST ABUSES AND
OPPRESSION.

MISSION:
AS CONSCIENCE OF GOVT AND THE PEOPLE, WE SEEK TRUTH IN HUMAN RIGHTS
ISSUE.
AS BEACON OF TRUTH, WE MAKE PEOPLE AWARE OF THEIR RIGHTS, AND GUIDE
GOVT AND SOCIETY TOWARDS ACTIONS THAT RESPECT THE RIGHTS OF ALL,
PARTICULARY THOSE WHO CANNOT DEFEND THEMSELVES- THE DISADVANTAGED,
MARGINALIZED, AND VULNERABLE

MANTRA:
(MOTIVATING CHANT)
CHR: DIGNITY OF ALL

MANDATE:
THE COMMISSION MANDATED TO CONDUCT INVESTIGATIONS ON HUMAN
RIGHTS VIOLATIONS AGAINST MARGINALIZED AND VULNERABLE SECTORS OF THE
SOCIETY, INVOLVING CIVIL AND POLITICAL RIGHTS.

COMPOSED/QUALIFICATIONS:

(2) SEC. 17 , ART 13. THE COMMISSION SHALL BE COMPOSED OF A CHAIRMAN AND
FOUR MEMBERS WHO MUST BE NATURAL-BORN CITIZENS OF THE PHILIPPINES
AND A MAJORITY OF WHOM SHALL BE MEMBERS OF THE BAR.
UNIVERSAL DECLARATION OF HUMAN RIGHTS:
- IT IS A MILESTIONE DOCUMENT IN HISTORY OF HUMAN RIGHTS.
- DRAFTED BY REPRESENTATIVES WITH DIFFERENT LEGAL AND CULTURAL
BACKGROUNDS FROM ALL REGIONS OF THE WORLD, THE DECLARATION WAS
PROCLAIMED BY THE UNITED NATIONS GENERAL ASSEMBLY IN PARIS ON
DECEMBER 10, 1948 (GENERAL ASSEMBLY RESOLUTION 217 A).
- It sets OUT, FOR THE FIRST TIME, FUNDAMENTAL HUMAN RIGHTS TO BE
UNIVERSALLY PROTECTED AND IT HAS BEEN TRANLATED INTO OVER 500
LANGUAGES.

PREAMBLE
“TO WALK BEFORE”

- RECOGNITION OF THE INHERENT DIGNITY AND OF THE EQUAL AND


INALIENABLE RIGHTS OF ALL MEMBERS OF THE HUMAN FAMILY IS FOUNDATION
OF FREEDOM, JUSTICE AND PEACE IN THE WORLD.
- DISREGARD AND CONTEMPT FOR HUMAN RIGHTS HAVE RESULTED BARBAROUS
ACTS, WHICH HAVE OUTRAGED THE CONSCIENCE OF MANKIND, AND THE
ADVENT OF A WORLD IN WHICH HUMAN BEINGS SHALL ENJOY FREEDOM OF
SPEECH AND BELIEF AND FREEDOM FROM FEAR AND WANT HASE BEEN
PROCLAIMED AS THE HIGHEST ASPIRATIONS OF THE COMMON PEOPLE.
- IT IS ESSENTIAL, IF MAN IS NOT BE COMPELLED TOI HAVE RECOURSE, AS A LAST
RESORT, TO REBELLION AGAINST TYRANNY AND OPPRESSION, THAT HUMAN
RIGHTS SHOULD BE PROTECTED BY THE RULE OF LAW.
- IT IS ESSENTIAL TO PROMOTE THE DEVELOPMENT OF FRIENDLY RELATION
BETWEEN NATIONS.
- DIGNITY AND WOTH OF THE HUMAN PERSON AND IN THE EQUAL RIGHTS OF MEN
AND WOMEN
- PROMOTION OF UNIVERSAL RESPECT FOR AND OBSERVANCE OF HUMAN RIGHTS
AND FUNDAMENTAL FREEDOMS
- A COMMON UNDERSTANDING OF THESE RIGHTS AND FREEDOMS IS OF THE
GREATEST IMPORTANCE FOR THE FULL REALIZATION OF THIS PLEDGE
- THE GENERAL ASSEMBLY PROCLAIMS THIS UNIVERSAL DECLARATION OF
HUMAN RIGHTS AS A COMMON STANDARD OF ACHIEVEMENT FOR ALL PEOPLES
- BY TEACHING AND EDUCATION TO PROMOTE RESPECT FOR THESE RIGHTS AND
FREEDOMS
- TO SECURE THEIR UNIVERSAL AND EFFECTIVE RECOGNITION AND OBSERVANCE.

UDHR ARTICLES:
ART. 1
ALL HUMAN BEING 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.
ART.2
EVERYONE IS ENTITLED TO ALL THE RIGHTS AND FREEDOMS SET FORTH
IN THIS DECLARATION, WITHOUT DISTINCTION OF ANY KIND, SUCH AS RACE, COLOR,
SEX, LANGUAGE, RELIGION, POLITICAL OR OTHER OPINION, NATIONAL OR SOCIAL
ORIGIN, PROPERTY, BIRTH OR OTHER STATUS,
NO DISTINCTION SHALL BE MADE ON THE BASIS OF THE POLITICAL,
JURISDICTIONAL OR INTENTIONAL STATUS OF THE COUNTRY OR TERRITORY TO WHICH
A PERSON BELONGS, WHETHER IT BE INDEPENDENT, TRUST, NON-SELF-GOVERNNING
OR UNDER ANY OTHER LIMITATION OF SOVEREIGNTY.
ART. 3
EVERYONE HAS THE RIGHT TO LIFE, LIBERTY AND SECURITY OF PERSON.
ART. 4
NO ONE SHALL BE HELD IN SLAVERY OR SERVITUDE; SLAVERY AND
SLAVE TRADE SHALL BE PROHIBITED IN ALL THEIR FORMS.
ART. 5
NO ONE SHALL BE SUBJECTED TO TORTURE OR TO CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT.
ART.6
EVERYONE HAS THE RIGHT TO RECOGNITION EVERYWHERE AS A PERSON
BEFORE THE LAW.
ART. 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.
ART. 8
EVERYONE HAS THE RIGHT TO AN EFFECTIVE REMEDY BY THE
COMPETENT NATIONAL TRIBUNALS FOR ACTS VIOLATING THE FUNDAMENTAL RIGHTS
GRANTED HIM BY THE CONSTITUTION OR BY LAW.
ART. 9
NO ONE SHALL BE SUBJECTED TO ARBITRARY ARREST, DETENTION OR
EXILE.
ART. 10
EVERYONE IS ENTITLED IN FULL EQUALITY TO A FAIS AND PUBLIC
HEARING BY AN INDEPENDENT AND IMPARTIAL TRIBUNAL, IN THE DETERMINATION OF
HIS RIGHTS AND OBLIGATIONS AND OF ANY CRIMINAL CHARGE AGAINST HIM.
ART. 11
(1)EVERYONE CHARGED WITH A PENAL OFFENSE 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 DEFENSE,
(2) NO ONE SHALL BE HELD GUILTY OF ANY PENAL OFFENSE ON ACCOUNT
OF ANY ACT OR OMISSION WHICH DID NOT CONSTITUTE A PENAL OFFENSE, 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 PENAL OFFENSE WAS COMMITTED.
ART. 12
NO ONE SAHLL 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.
ART. 13
(1) EVERYONE HAS THE RIGHT TO FREEDOM OF MOVEMENT AND
RESIDENCE WITHIN THE BORDERS OF EACH STATE.
(2)EVERYONE HAS THE RIGHT TO LEAVE ANY COUNTRY, INCLUDING HIS
OWN, AND TO RETURN TO HIS COUNTRY.
ART. 14
(1)EVERYONE HAS THE RIGHT TO SEEK AND TO ENJOY IN OTHER
COUNTRIES ASYLUM FROM PERSECUTION.
(2) THIS RIGHT MAY NOT BE INVOKED IN THE CASE OF PROSECUTIONS
GENUINELY ARISING FROM NON-POLITICAL CRIMES OR FROM ACTS CONTRARY TO THE
PURPOSE AND PRINCIPLES OF THE UNITED NATIONS.
ART. 15
(1)EVERYONE HAS THE RIGHT TO A NATIONALITY
(2) NO ONE SHALL BE ARBITRARILY DEPRIVED OF HIS NATIONALITY NOR
DENIED THE RIGHT TO CHANGE HIS NATIONALITY.
ART. 16
(1)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.
(2) MARRIAGE SHALL BE ENTERED INTO ONLY WITH THE FREE AND FULL
CONSENT OF THE INTENDING SPOUSES.
(3) THE FAMILY IS THE NATURAL AND FUNDAMENTAL GROUP UNIT OF
SOCIETY AND IS ENTITLED TO PROTECTION BY SOCIETY AND THE STATE.
ART 17
(1) EVERYONE HAS THE RIGHT TO OWN PROPERTY ALONE AS WELL AS IN
ASSOCIATION WITH OTHERS
(2) NO ONE SHALL BE ARBITRARILY DEPRIVED OF HIS PROPERTY.
ART 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.
ART 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 REGARDLESS FRONTIERS.
ART. 2O
(1) EVERYONE HAS THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY
AND ASSOCIATION.
(2) NO ONE MAY BE COMPELLED TO BELONG TO AN ASSOCIATION.
ART. 21
(1) EVERYONE HAS THE RIGHT TO TAKE PART IN THE GOVERNMENT OF
HIS COUNTRY, DIRECTLY OR THROUGH FREELY CHOSEN
REPRESENTATIVES.
(2) EVERYONE HAS THE RIGHT TO EQUAL ACCESS TO PUBLIC SERVICE IN
HIS COUNTRY.
(3) THE WILL OF THE PEOPLE SHOULD BE THE BASIS OF THE AUTHORITY
OF GOVERNMETN;THIS WILL SHALL BE EXPRESSED IN PERIODID AND
GENUINE ELECTIONS WHICH SHALL BE BY UNIVERSAL AND EQUAL
SUFFRAGE AND SHALL BE HELD BY SECRET VOTE OR BY EQUIVALENT
FREE VOTING PROCEDURES.
ART. 22
Everyone as a MEMBER HAS THE RIGHT TO SOCIAL SECURITY AND IS
ENTITLED TO REALIZATION, THROUGH NATIONAL EFFORT AND INTERNATIONAL
COOPERATION AND IN ACCORDANCE WITH THE ORGANIZATION AND RESOURCES
OF EACH STATE, OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS INDISPENSABLE
FOR HIS DIGNITY AND THE FREE DEVELOPMENT OF HIS PERSINALITY.
ART 23.
(1) EVERYONE HAS THE RIGHT TO WORK, TO FREE CHOICE OF
EMPLOYMENT, TO JUS AND FAVOURABLE CONDITIONS OF WORK AND
TO PROTECTION AGAINST UNEMPLOYMENT.
(2) EVERYONE, WITHOUT ANY DISCRIMINATION, HAS THE RIGHT TO
EQUAL PAY FOR EQUAL WORK.
(3) EVERYONE WHO WORKS HAS THE RIGHT TO JUST AND FAVOURABLE
REMUNERATION ENSURING FOR HIMSELF AND HIS FAMILY AN
EXISTENCE WORTHY OF HUMAN DIGNITY, AND SUPPLEMENTED, IF
NECESSARY, BY OTHER MEANS OF SOCIAL PROTECTION.
(4) EVRYONE HAS THE RIGHT TO FORM AND TO JOIN TRADE UNIONS FOR
THE PROTECTION OF HIS INTERESTS.
ART. 24
EVERYONE HAS THE RIGHT TO REST AND LEISURE, INCLUDING
REASONABLE LIMITATION OF WORKING HOURS AND PERIODIC HOLIDAYS WITH PAY.
ART. 25
(1) EVERYONE HAS THE RIGHT TO STANDARD OF LIVING ADEQUATE FOR
THE HEALTH AND WELL-BEING OF HIMSELF AND OG HIS FAMILY,
INCLUDING FOOD, CLOTING, HOUSING AND MEDICAL CARE AND
MECESSARY SOCIAL SERVICES, AND THE RIGHT TO SECURITY IN THE
EVENT OF UNEMPLOYMENT, SICKNESS, DISABILITY, WIDOWHOOD,
OLD AGE, OR OTHER LACK OF LIVELIHOOD IN CIRCUMSTANCES
BEYOND HIS CONTROL.
(2) MOTHERHOOD AND CHILDHOOD ENTITLED TO SPECIAL CARE AND
ASSISTANCE. ALL CHILDRE, WHETHER BORN IN OR OUT OF WEDLOCK,
SHALL ENJOY THE SAME SOCIAL PROTECTION.
ART. 26
(1) EVERYONE HAS THE RIGHT TO EDUCATION. EDUCATION SHALL BE
FREE, AT LEAST IN THE ELEMENTARY AND FUNDAMENTAL STAGES.
ELEMENTARY EDUCATION SHALL BE COMPULSORY. TECHNICAL AND
PROFESSIONAL EDUCATION SHALL BE MADE GENERALLY AVAILABLE
AND HIGHER EDUCATION SHALL BE EQUALLY ACCESIBLE TO ALL ON
THE BASIS OF MERIT.
(2) EDUCATION SHALL BE DIRECTED TO THE FULL DEVELOPMENT OF THE
HUMAN PERSONALITY AND TO THE STRENGTHENING OF RESPECT FOR
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS. IT SHALL PROMOTE
UNDERSTANDING, TOLERANCE AND FRIENDSHIP AMONG ALL
NATIONS, RACIAL OR RELIGIOUS GROUPS, AND SHALL FURHTER THE
ACTIVITIES OF THE UNITED NATIONS FOR THE MAINTENANCE OF
PEACE.
(3) PARENTS HAVE A PRIOR RIGHT TO CHOOSE THE KIND OF EDUCATION
THAT SHALL BE GIVEN TO THEIR CHILDREN.
ART 27
(1) EVERYONE HAS THE RIGHT FREELY TO PARTICIPATE IN THE
CULTURAL LIFE OF THE COMMUNITY, TO ENJOY THE ARTS TO SHARE
IN SCIENTIFIC ADVANCEMENT AND ITS BENEFITS.
(2) EVERYONE HAS THE RIGHT TO THE PROTECTION OF THE MORAL AND
MATERIAL INTEREST RESULTING FROM ANY SCIENTIFIC, LITERARY OR
ARTISTIC PRODUCTION OF WHICH HE IS THE AUTHOR.
ART 28
EVERYONE IS ENTITLED TO A SOCIAL AND INTERNATIONAL ORDER IN
WHICH THE RIGHTS AND FREEDOMS SET FORTH IN THIS DECLARATION CAN BE FULLY
REALIZED.
ART. 29
(1) EVERYONE HAS DUTIED TO THE COMMUNITY IN WHICH ALONE THE
FREE AND FULL DEVELOPMENT OF HIS PERSONALITY IS POSSIBLE.
(2) IN THE EXERCISE OF HIS RIGHTS AND FREEDOMS, EVERYONE SHALL
BE SUBJECTED ONLY TO SUCH LIMITATIONS AS ARE DETERMINED BY
LAW SOLELY FOR THE PURPOSE OF SECURING DUE RECOGNITION AND
RESPECT FOR THE RIGHTS AND FREEDOMS OF OTHERS AND OF
MEETING THE JUST REWUIREMENTS OF MORALITY, UBLIC ORDER AND
THE GENERAL WELFARE IN A DEMOCRATIC SOCIETY.
(3) THESE RIGHTS AND FREEDOMS MAY IN NO CASE BE EXERCISED
CONTRARY TO THE PURPOSES AND PRINCIPLES OF THE UNITED
NATIONS.
ART. 30
NOTHING IN THIS DECLARATION MAY BE INTERPRETED AS IMPLYING FOR
ANY STATE, GROUP OR PERSON ANY RIGHT TO ENGAGE IN ANY ACTIVITY OR TO
PERFORM ANY ACT AIMED AT THE DESTRUCTION OF ANY OF THE RIGHTS AND
FREEDOM SET FORTH HEREIN.

RIGHTS OF THE ACCUSED


RULE 115
SECTION 1. RIGHTS OF ACCUSED AT TRIAL

- IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL BE ENTITLED TO THE


FOLLOWING RIGHTS:
A. TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED BEYOND
REASONABLE DOUBT.
B. TO BE INFORMED OF THE NATURE AND CASE OF THE ACCUSATION AGAINST
HIM.
C. TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE
OF THE PROCEEDINGS, FROM ARRIAGNMENT TO PROMULGATION OF THE
JUDGEMENT.
 TRIAL IN ABSENTIA (PWEDENG UMABSENT SA TRIAL)
 APPEAR WITHOUT COUNSEL
D. TO TESTIFY AS A WITNESS IN HIS OWN BEHALF BUT SUBJECT TO CROSS-
EXAMINATION ON MATTERS COVERED BY DIRECT EXAMINATION. HIS
SILENCE SHALL NOT IN ANY MANNER PREJUDICE HIM.
E. TO BE EXEMPT FROM BEING COMPELLED TO BE A WITNESS AGAINST
HIMSELF. (RIGHT AGAINST SELF-INCRIMINATION)
F. TO CONFRONT AND CROSS-EXAMINE THE WITNESSES AGAINST HIM AT THE
TRIAL (PWEDE MO RAW GISAHIN YUNG TESTIGO NUNG KABILANG PARTY)
G. TO HAVE COMPULSORY PROCESS ISSUED TO SECURE THE ATTENDANCE OF
WITNESSES AND PRODUCTION OF OTHER EVIDENCE IN HIS BEHALF
 SUBPOENA DUCES TE CUM/ SUBPOENA AD TESTIFICANDUM
(PARA MAPILITANG PUMUNTA YUNG WITNESS MO )
H. TO HAVE SPEEDY, IMPARTIAL AND PUBLIC TRIAL.
I. TO APPEAL IN ALL CASES ALLOWED AND IN THE MANNER PRESCRIBED BY
LAW.

You might also like