HUMAN RIGHTS EDUCATION 2021

Renato M. Abastillas, Jr. Eric Paul D. Peralta_Elena O. Peralta_Nephtaly Joel B.

Botor
UNIT 1
THEORY AND CONCEPTS OF HUMAN RIGTHS
Overview
Human rights involve the basic rights focusing on the dignity and worth of every human
being which is the “foundation, justice, and peace in the world.” Human rights come with
our daily life experiences.
Thus, the study of human rights should not be bizarre and entangled subject. This unit
will let you explore the basic concepts and characteristics of human rights that will be
constantly echoed and emphasized in other parts of this book.

LESSON 1:
MEANING AND NATURE OF HUMAN RIGHTS
Lesson objectives
When you finish reading this lesson, you should be able to:
1. Define human rights
2. Discuss the characteristics of human rights; and
3. Discuss the importance of human rights.
DEFINATION OF TERMS

Human Rights- Rights that are inherent to all human beings without discrimination
on the basis of race, ethnicity, religion or belief, or gender
Human Rights Law- Laws that legally guarantee human rights to each and every
individual

Introduction
What are human rights? Human rights are rights that are inherent to all human
beings. They acknowledge that every individual in entitled to enjoy his or her human
rights without discrimination based on gender, age, language, color, religion, political
view, and opinion. From la legal standpoint, human rights are national legislation and
the international community through international and human rights norms. All
individuals, who are considered rights-holders, states, and duty bearers, are obligated
to protect, respect, and fulfill human rights laws.
 Human rights law guarantees individuals with protection against actions that
might interfere with fundamental freedoms and human dignity. It is only after post-World
War II regulations that human dignity formed its meaning in legal and political
discussion. In the aftermath of World War II, the Universal Declaration of Human Rights
was created. According to the Universal Declaration of Human Rights or UDHR, all
human beings are born free and equal dignity and rights. The UDHR was adopted by
the United Nations General Assembly in December 1948. The Declarations recognize
that the inherent dignity of all human beings is the foundation for the world to achieve
freedom, justice and peace. The Declaration also dictates that no person should be
subjected to slavery or torture or be deprived of his or her nationality. Every human
being should have the right to recognition and fair judgement.
These rights are expressed in treats, customary international laws, bodies of
principle, and other sources of laws. Human rights law obligates state to act in a certain
manner and also prohibits specific actions that might work against an individual or a
population.
Basic Human Rights and Their Categories
Civil and political rights: Right to life, prohibition of torture, prohibition of slavery, right
to personal liberty and security, right to a fair trial, right to private and family life,
freedom of conscience and religion, freedom of expression, freedom of association and
assembly (which also includes freedom not to associate or join an assembly), freedom
of movement, right to vote, and right to property
Economic, social, cultural rights; Right to work and free choice employment, just and
favorable conditions of work, form trade unions, social security, adequate standard of
living, health, and education, and take part in cultural life and enjoyment of scientific
process
Solidarity/Collective Rights: Rights to self-determination, rights of indigenous peoples
or minorities (cultural heritage and participation), and right to development
Equality and nondiscrimination: Substantive right
Basic Characteristics of Human Rights
There are different characteristics that human rights possess. Some of the most
important characteristics are as follows:
Human rights are inherent- They are not granted by any person or authority;
Human rights are inalienable- They cannot be rightfully taken away from an individual;
Human rights are imprescriptible- They cannot be lost even by a long passage of time;
Human rights are indivisible- They cannot be denied even when other rights have been
enjoyed;
Human rights are independent- The fulfillment or exercise of a right cannot be had
without the realization of other rights;
Human rights are universal- They are available to all human being irrespective of their
origin, status or condition, or place where they live and
Human rights are fundamental- Without them, the life and dignity of man will be
meaningless.
Sources of Human Rights
Customary international law (or simply, Custom)- One that is developed through the
general and consistent practice of states and is followed out of a sense of legal
obligation (i.e., Universal Declaration of Human Rights).
Treaty law- Human rights provided international agreements such as treaties,
covenants, and conventions have been collectively (either bilaterally or unilaterally)
developed, signed, and ratified by different states. Treaty laws may either be general
(i.e., International Covenant on Civil and Political Rights and International Covenant on
Economic, Social, and Cultural Rights); specific (Convention Against Torture,
Elimination of All Forms of Racial Discrimination, Prevention and Punishment of the
Crime of Genocide); of specific as to coverage/protected person (i.e., binds as specific
group of humans, Convention on the Rights of a Child, Discrimination Against Women,
Migrant Workers Including Their Families and Refugees). Other treaties are included,
especially on armed conflict (i.e., Geneva Convention of 1949).
Philosophical and Pragmatic Approaches
Two main approaches may be adopted to explain the nature of human rights.
These approaches are philosophical approach and pragmatic approach.
The philosophical approach, also known as the theoretical approach, has been
categorized into five theories:
1) The Natural Rights Theory. According to John Locke, an American philosopher,
human beings are born with inalienable natural rights. According to Locke, these
rights are God-given rights and can never be taken away or be given away.
Locke also stated that the fundamentals of natural rights are life, liberty, and
property.

2) The Legal Rights Theory. The principle of legal rights theory is that human
rights completely depend on the recognition by states and institutions. The theory
provides that individual cannot claim his or her rights if these are not recognized
by his or her states and institutions.
 3) The historical theory of rights. This theory states that the right of human
beings are not created by the state but by the product of historical evolution of
human.

4) The social welfare theory of rights. The theory believes that humans rights are
created by social based on and in consideration the common welfare of human
beings. The theory also assumes that if the society does not approve of the right,
then it will not be recognized.

5) The idealistic theory of human rights. The idealistic of rights, also known as
personality rights theory, suggest that human rights are the external factors
affecting the internal and real development of an individual. This theory treats the
right to personality as a supreme and absolute right.
Summary
Human rights are rights that every person has a consequence of being a human
being. It is a right that is universal. This means that every person, regardless of his or
her gender, race, religion, political view, and other differences, is being protected by it
and it laws. It is inalienable-no person can take it away from an individual, subject to
exceptions. It is indivisible, interrelated, and interdependent-all human rights should be
honored and given importance equally.
Human rights have two types: legal right and natural rights. Legal rights are
human rights that are recognized by society through laws, while natural rights are
established through divine origin, are intrinsic to human nature, and are hence taught to
be independent from cultural customs.
Human rights laws are created to legally guarantee human rights to every
individual. Human rights law, the state is obligated to make actions in accordance with it
and prohibited manners that might violate it.
 LESSON 2:

THEORIES OF HUMAN RIGHTS

Lesson Objectives
When you finish reading this lesson, you should be able to:
1. Analyze the different theories on human rights; and
2. Reflect on the different theories on human rights
DEFINITION OF TERMS

 Theory- A set of hypothetical facts, principles, or circumstances that attempts

to provide a rational explanation of the cause and effect and relationships
among a group of observed phenomena.
 Inherent- An inseparable or permanent part of someone or something

Introduction
Human rights are the basic rights and freedoms of every human being. These
rights include the rights to life, liberty, freedom of thought, expression, and equality.
As mentioned in the Definition of Terms, a theory is a set of hypothetical facts,
principles, or circumstances that attempts to provide explanation. It is also a procedure
that is proposed to be followed as a basis of an action or a method that is used to give a
starting point or researchers is studying different origins and histories of different
people, places, and events.
There are several theories that are relevant to the nature of human rights, including the
following:
1. The Natural Rights Theory;
2. The Legal Rights Theory;
3. The Historical Theory of Rights;
4. The Social Welfare Theory of Rights; and
5. The Idealistic Theory of Rights.
These theories give a systematic understanding of an event or a situation that has
happened, as experienced or seen firsthand by the creator of the theory. These
theoretical perspectives about the origin or real definition of human rights have an
enormous influence on the thinking, practice, an understanding of present political and
legal institutions. As society evolves, so do our perspectives and understanding, but
these theories are proof that human rights are continually evolving into a more inclusive
and nondiscriminatory manner.
Theory of Natural Rights
The theory of natural rights states that individuals enter society with certain basic
rights and no state or government can deny the rights that individuals already have. It
also describes human beings as the creature of nature in relation to natural law.
Natural law states that human beings are the master of themselves and they act
on their own in accordance with the rules and laws laid down by nature. But according
to Harold Laski, an English political theorist, natural rights are based on the false
assumptions that human beings can have rights and duties independent of being part of
a society. Without a society, no human beings could exercise his or her rights without
the approval of the masses; thus, Laski believed that natural law is only possible under
the limitation of a civilized life.
Theories of Legal Rights
According to the legal rights theory, human rights are created and maintained by
the state; the state is the only source of the rights of an individua, and outside the state,
an individual has no rights at all and can never claim rights against the state.
As such, human rights are either absolute nor inherent in the nature of a man. The legal
rights theory dictates that the states define the bill of rights. The states also create laws
and sustains, even though the right of individuals also change. For example, if a
government bans any forma of gathering, even though the right to assemble might be
inherent, a gathering will be treated as an act against the government and, therefore, a
crime against the state.
The Historical Theory of Human Rights
The historical theory of human rights states that rights are the product of history,
originating from customs that are handed down through generations. These are
considered fundamental to the growth and development of man.
A human right is described as a long-standing custom that has been concretized
to form specific rights that are maintained by generators by habitually following them.
The historical theory of human rights condemns the legal theory and runs contrary to
the natural theory of human rights. The legal theory of human rights describes human
rights as a changeable right, while the historical theory states that human rights are
developed and concretized from traditions and customs through time. The natural
theory of human rights suggests that these rights are inherent-meaning it has always
been there even before the rise of societies-while the historical theory provides that
human rights are created from evolution of civilization. An example of this theory is the
right to freedom of belief and religion.
The Social Welfare Theory of Rights
Also known as the social expediency theory, it states that human rights are the
conditions of social welfare. According to the Merriam-Webster dictionary, "social
welfare" is the act of providing services or assistance to disadvantaged groups by the
government or private institutions.
The theory suggests that human rights are created by society in consideration of
the common welfare of individuals. It states that if the welfare is not recognized by the
community, then it will not become a human right. It is the yielding of society, law,
customs, traditions in line with what is socially useful and what is socially acceptable.
The liberation of the LGBTQ+ community is an example of this theory. Before, same sex
marriage was condemned by society because of the social belief that only a man and a
woman are allowed to be bound by marriage because of traditions, beliefs, and religious
constructs. At present, it is approved, recognized, and celebrated by almost 29
countries around the world.
The Idealistic Theory of Rights
The idealistic theory of rights, also known as the personality theory of rights,
states that the inner development of a man develops his full potentiality. This theory
suggests that the right of personality is a supreme and absolute right, and all the other
rights have been either denied or conditioned by it. An example of this theory is the right
to liberty. The right to liberty or freedom comes with the right to free self-expression and
opinions, which in turn helps an individual to determine who he or she really is and
develop his or her own personality or identity.
Summary
Human rights are the basic rights and freedoms of every human being, which
include the rights to life, liberty, freedom of thought, expression, and equality. There are
several theories relevant to its nature, namely: (1) the Natural Rights Theory; (2) the
Legal Rights Theory; (3) the Historical Theory of Rights; (4) the Social Welfare Theory
of Rights; and (5) the Idealistic Theory of Rights.
The theory of natural rights states that individuals enter society with certain basic
rights, and no state or government can deny the rights that these individuals already
have. The theory of legal rights states that human rights are created and maintained by
the state. The historical theory of human rights provides that rights are the result of
history, originating from customs passed down through generations.
The social welfare theory or the social expediency theory states that customs,
traditions, and natural rights are conditioned by society. Lastly, the idealistic theory of
rights or the personality theory of rights states that the inner development of a man
develops his full potential.
 LESSON 3:
CONCEPTS OF HUMAN RIGHTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. reflect on the different concepts of human rights; and
2. compare the different concepts of human rights.
DEFINITION OF TERMS

 Humanist - According to Humanists International, humanist or humanism is a

democratic and ethical life stance that affirms that human beings have the right
and responsibility to give meaning to their own lives.
 Dialectal - Used to describe theories, methods, and situations in resolving
opposing factors

Introduction
The concept of human rights dates back even before the of many civilizations
and has been seen as clearly carved in all of the greatest religions of the world.
Whether it is one's duty to look after his or her neighbor or the concept of universal
brotherhood, the fellowship of men and fraternity combined with compassion toward
mankind have originated in several religious beliefs including those that pre-date
Christianity has been continually developing ever since.
All major religions in the world have a humanist perspective that supports human
rights despite the differences in their beliefs, Human rights are also discussed in ancient
thoughts and philosophical concepts of natural rights and natural law.
All human rights are derived from the thought that dignity and worth are inherent
to all human beings and that human beings are the central subject of human rights and
fundamental freedom. Whatever adds to the fundamental rights of a human being
should be regarded as human rights revolution.
Western View of Human Rights
In the Western view, human rights are considered to be not permanent and have
i no eternal source of criteria of a cosmic order. The Habeas Corpus, Magna Carta, the
Bill of Rights, the French Charter of Human Rights, and the Ten Amendments of the
American Constitution are products of political and social conditions existing in Britain,
France, and America.
 The concept of human rights developed alongside the development of human
consciousness. Through the evolution of humankind and civilization, people have
developed the need for a better life and well-being, thereby seeking the rights that they
know are inherent to them as humans. They fought in revolutions fighting for a better
government for all to be equal in the eyes of the law, and as a result, human rights have
been born one after the other out of the agreement of individuals and the ruler of states,
with emphasis on the division of power, decisions in the parliament, and charter
declarations. A right only became a right upon recognition by the state.
However, in the large portion of Western countries, the main purpose of these
laws is to protect the people from their states, and it can be said that in Western
societies, human rights are given more importance.
Eastern View of Human Rights
Human rights in the Eastern part of the world vary within regions and political
orientations. Religion is also one of the most influential factors affecting the human
rights view of Eastern societies. In certain societies, religion is an integral part of daily
life and almost dictates many facets of their lives, as religious teachings provide
guidelines for acceptable behaviors and duties of an individual. Some scholars believed
that these religions and its teachings have been fundamental in the development and
creation of human rights. It is also believed that the duties to these religions and its
realizations are the causes of the acknowledgment of human rights. Some belief
systems found in Eastern societies are Confucianism, Buddhism, and Islam.
Socialist View of Human Rights
According to Karl Marx, a German philosopher and sociologist, and Lenin, a
political theorist, the fundamental rights of an individual are derived from the dialectical
process of history. Human rights are not conferred to individual by its nature but a
product of the processes that played the role in various histories where there are
individuals wanting to end the communist classes existing in a capitalist society. Marx
identified two classes that exist in a capitalistic society the proletariat and the
bourgeoisie. Majority of the population are the proletariat, composed of workers who
need to work to be able to survive. The bourgeoisie is a small minority, composed of
those who derive profits by hiring the proletariat for private production. Marx argued that
human history is composed of class struggles and in wanting to end these classes,
came the rise of communism. Communism is sometimes referred to as the revolutionary
socialism, as Marx referred to socialism as the first and necessary step for shifting from
capitalism to communism. In the socialist order, rights exist to protect the people and
ultimately give them freedom and equality.
 According to this philosophy, these fundamental rights are neither natural nor
essential to an individual. It is also not impressionable. These rights have no
significance or importance but are part of the general law of the land.
Under socialism, an individual still has the right to have his or her own property,
but industrial productions and other means of the society or earning money are
communally owned and managed by the democratically elected government. In a
socialistic view, individuals do not work in isolation but in cooperation with other people.
They believe that everyone is entitled to a part of the produce of the society. Socialism
views society as a whole; therefore, the society should control or own vast amounts of
the properties of the community for the benefit of all members.
Religious View of Human Rights
Most major religions have a humanistic perspective that supports human rights
despite differences in their beliefs. According to the religious view, human rights
originate from the ideas of mercy, kindness to others, and pity on human
The holy book of Hinduism, Vedas, includes a prism of light on friendly dealing
and behavior toward all creatures of the world, may it be human or not. The same
concept could be derived from the contents of the Bible that states "There is no such
thing as Jew and Greek, Slave and Freedom, male or female for you are all one person
in Christ Jesus." The Buddhist doctrine of nonviolence in deed and in thought is also a
humanitarian doctrine. Furthermore, other religious beliefs such as Judaism,
Zarastarium, Jainism, and Sikhism uphold the same doctrines of human rights.
According to scholars, Islam was created in the seventh century, making it the
youngest major religion in the world. Islam is also the second largest religion, with more
than 1.8 billion Muslims worldwide. It started at Mecca during the time of the prophet
Muhammad. The divine religion Islam and the Islamic practices strengthen the concept
of human rights as they believe that these rights are granted by Allah himself. The world
has not been able to produce more equitable laws than those that have been given
around 1,400 years ago.
Summary
The concepts of human rights are carved in the history of humankind. Many
concepts and ideologies have been derived from the different processes that societies
have gone through. There are three concepts or views on human rights that are
discussed in this lesson. The first concept is the Western view on human rights, second
is the socialist view on human rights, and last is the religious view on human rights. All
three have different views on how human rights that were established and developed.
The Western view states that human rights are not permanent and have no
external criteria for cosmic order. It also states that individuals only have their human
rights inside the land covered by their states. The socialist view states that humans' only
rights are those that enable them to provide their basic needs and nothing more, while
the religious view on human rights, with reference to the oldest religious documents,
provides that human rights belong to all living things, may it be a human being or not.

UNIT II:
ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS
Overview
Now that you have learned the basic concepts and characteristics of human
rights, this unit will now focus on the brief history of human rights and how it evolved as
a legally recognized right from the local and international perspectives. For instance, did
you know that without the two world wars, the Universal Declaration of Human Rights
would not have been passed?
LESSON 1:
HISTORY OF HUMAN RIGHTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. discuss the history of human rights; and
2. identify the reasons that led to the development of human rights.

DEFINITION OF TERMS

 Magna Carta Also known as the "Great Charter" and is viewed as an important
written evidence and legal document in the development of human rights and
modern democracy

 Bill of Rights - Limits the power of the government and protects the rights of all
citizens, residents, and visitors in the national territories

Introduction
Ever wonder where human rights originated from? Throughout the course of
history, individuals acquire their knowledge about their rights and responsibilities
through membership in a group, such as families, indigenous nations, religious
affiliations, communities, and states. Most societies have traditions that are similar to
the golden rule "do not do unto others what you do not want others do unto you." Five of
the first written evidence that acknowledge the existence of human rights and answer
the people's questions about their rights and responsibilities can be found in the writings
in The Hindu Vedas, The Babylonian Code of Hammurabi, The Bible, The Quran
(Koran), and the Analects of Confucius. All societies have had systems of propriety and
justice as well as respecting and acknowledging the welfare and needs of individuals,
may it be written or an oral declaration.
There are many precursors to the development of today's human rights,
documents such as the Magna Carta, the English Bill of Rights, the French Declaration
on the Rights of Man and Citizens, and the US Constitution and Bill of Rights. However,
not all documents include the rights of women, persons of color, members of different
religions, and persons belonging to different economic strata and political affiliations.
Nevertheless, people who are being oppressed by these laws express support to
revolutions that assert the right to the individual's self-determination.
The Cyrus Cylinder
In 539-530 BC. Cyrus II began his reign as the king of Persia by decreeing a
reform written on "The Cyrus Cylinder." The reform also established racial equality,
including religious freedom for all people of the Persian Empire. This is one of the oldest
evidence of human rights recognition. It has been translated to all six official languages
of the United Nations, and the first four articles of the Universal Declaration of Human
Rights are parallel to that of the declaration on the Cyrus Cylinder.
The Magna Carta
In 1215, King John of England signed the Magna Carta also known as the "Great
Charter," which established the idea that everybody, including the king, is subject to the
law. It also provided all freemen the right to achieve justice and fair trial through the
establishment of the principles of due process and equality before the law. The charter
also recognized that the church is an individual institution that is free from governmental
interference. It further recognized that the citizens of the state have the right to own and
inherit properties and to protected from excessive taxes. It also gave widowed women
who owned property an opportunity to choose not to remarry.
This charter is widely viewed as one of the most important written evidence and
legal documents in the history of human rights and modern democracy. It is often
viewed as providing a crucial turning point in establishing freedom.
Magna Carta
The Petition of Right
The petition of right was sent by the English Parliament to the king of England,
King Charles I. The petition was raised when Charles I started to force loans on his
people and tax them excessively, sending to prison those who did not pay, King Charles
I did all of these to finance his war against Spain. The petition was initiated by Sir
Edward Coke, and it was based on the earlier statutes and charters of the Magna Carta
and the Cyrus Cylinder. The petition asserted four principles: 1) the king cannot tax
people without the consent of the parliament; 2) no person shall be imprisoned without
cause; 3) no soldier shall be quartered within the city or public areas; and 4) martial law
shall not be implemented in time of peace. King Charles I was compelled to accept the
petition in order for him to continue receiving subsidies for his policies. However, the
petition of rights is still regarded as a constitutional document alongside statutes like the
Magna Carta.
The Bill of Rights
The Bill of Rights limits the power of the government of the United States of
America and protects the rights of all citizens, residents, and visitors in American
territories. The bill protects the freedom of speech and the opinions of people and their
right to voice out themselves. It also protects religious freedom, as every individual has
the right to choose and practice his or her chosen religions or beliefs. It provides
individuals the freedom of assembly and the freedom to petition.
The Bill of Rights protects the establishments of religions and prohibits the
federal government from depriving any individual of his or her life, liberty, or property
without due process of law. If an individual commits a crime against the federal
government, the bill of rights requires indictment by a grand jury and guarantees a
speedy public trial with an impartial jury.
The United Nations
After World War II, the idea of human rights became stronger. With the Nazi
Germans exterminating over 6 million Jews, Sinti and Romani, homosexuals, and
persons with disabilities, the world was horrified and trials of the war officials involved in
the Nuremberg and Tokyo War Crimes. The defeated countries were held to be
punished for committing a "crime against peace" and "crime against humanity.
The United Nations (UN) was established in 1945 for the maintenance of
international peace and prevention of conflicts. The goal was to ensure that what
happened in World War II will never happen again, particularly that no one will ever be
unjustly denied of life, freedom, shelter, food, and nationality.
The emerging human rights principles were stated in President Franklin Delano
Roosevelt's state of the union address. In his speech, Roosevelt said that the world was
founded on four essential freedoms: freedom of speech, freedom of religion, freedom
from want, and freedom from fear.
A Brief History of Human Rights in the Philippines
The Philippines has gone through a period of colonialism that lasted for 333
years under Spanish colonialism and 48 years under American rule. The country gained
its independence from American colonialism in 1945. The Universal Declaration of
Human Rights was adopted by the general assembly of the United
Nations as the UN Resolution on December 10, 1948, and the country is one of
the 48 countries who voted in favor of the declaration.
 In 1972, the Philippines was placed under Martial Law under the late President
Marcos's dictatorship. Human rights violation became an integral element in the strategy
of controlling the citizens of the country. After the end of the Marcos regime, the 1987
Philippine Constitution was drafted, under the new administration of the late President
Cory Aquino. The Commission on Human Rights, or CHR, was created in response to
human rights violations committed during the Martial Law. The mission of this
commission is to promote equal treatment and opportunity among Filipinos, to provide a
life of dignity, and to protect against abuse and oppression. With every term of almost
all presidents of the country, human rights violations are one of the major concerns. To
this day, the protection and promotion of human rights in the Philippines are still a work
in progress.
Summary
Human rights were established long before the birth of many governments and
civilizations. Five of the oldest written evidence of the existence of human rights came
from the oldest religions of the world. All of the five writings have one similarity, which
was the golden rule "do not do unto others what you do not want others do unto you."
There are many precursors that have led to the establishment of many charters and bills
for the acknowledgment of human rights of every individual:
The Cyrus Cylinder that freed the slaves and gave freedom of religion to those
members of the Persian Empire; The Magna Carta that gave freemen fair trial and
justice including the king:
The Petition of Rights that demanded King Charles I not to excessively tax
people and imprison them without reason;
The Bill of Rights that protects the right of every citizen and gives them freedom
of speech and freedom of religion; and
The establishment of the United Nations following the devastating World War II,
aiming to protect the people and never again let a war like the ones before ever happen
again.
LESSON 2:
DEVELOPMENT OF HUMAN RIGHTS

Lesson Objectives
When you finish reading this lesson, you should be able to:
1. discuss the development of human rights;
2. discuss the universal declaration of human rights; and
 3. reflect about human rights in today's society.
DEFINITION OF TERMS

 Universal Declaration of Human Rights (UDHR)-Considered as an

international version of the Magna Carta, which dictates how governments
should treat their people

Introduction
Human rights have formally been recognized through the establishment of the
United Nations in 1945. With the establishment of the United Nations, its main concern
and goal is to reaffirm faith on the fundamentals of human rights and in the dignity of
individuals at all levels and in any given circumstances. The term "human rights"
denotes the rights that humans inherently have by nature. The development of human
rights started from the notion of philosophers about the natural rights of human beings.
The development of natural laws dictates that human beings are naturally born with
human rights and that every individual, regardless of religion, race, nation, color, or
gender, have it by virtue of being a human being.
History generally shows that the struggle for human rights started from the
Western world around the thirteenth century when the Magna Carta Charter was signed
by King John. However, it can be said that the original fight for human rights. is
recorded to have occurred 200 years before the Magna Carta Charter. This could mean
that individuals from different nations and ages are fighting for their natural rights or
their rights as a human being even before the declarations of the laws that we use now,
even though the Magna Carta is not the first evidence of the acknowledgment of human
rights, it has been used as one of the bases of other human rights laws that we use until
now. The Magna Carta was released in 1216 and subsequently amended and modified
in 1217 and 1325. In the Charter, the term "fundamental rights of man" was used, and in
the twentieth century, the term "human rights" was used instead of the name
traditionally known as the "natural rights law" or the "fundamental rights of man."
The term "human rights" was first used by Thomas Pine when he translated the
French Declaration of the Rights of Man and Citizens. The term "natural rights" was
replaced at the time that human rights theories were gaining ground, and "the rights of
man" was removed for it was not universally accepted as human rights. equally
including rights for both men and women.
The idea of having human rights being protected by international law
experienced a big setback back in the late nineteenth and early twentieth centuries due
to the doctrine of absolute sovereignty of states. With absolute sovereignty of states,
human rights were entirely on the hands of each state's own jurisdictions and wholly
under the regulation of each state's government, preventing international intervention
against state decisions. International law was thought to be an attack against the
sovereignty of states.
World War II was the turning point for the acceptance of international law by
sovereign states, Extreme human rights violation was recoded in war-torn Europe,
where over thousands and thousands of innocent lives were lost due to slavery, mass
execution, and holocaust. These shocking crimes against humanity have led to the
formation of the United Nations.
With the realization that the restoration of freedom is one of the conditions for
establishing international peace and security and that human rights violations
perpetuate international conflicts, human rights protection has been regarded as a
necessity for the attainment of international peace. Several conferences were held
within the United Nations that have led to the formation of the International Bill of Rights.
Many declarations were adopted, with the main priority being the establishment of a
legal regime emphasizing the importance of human rights. With the international bill of
rights, members of the United Nations were obliged to cooperate in eradicating the
scourge of war and implement the principles respecting human rights and freedom
without discrimination against any individuals. It was all laid down under Article 55 of the
United Nation's Charter.
The General Assembly of the United Nations adopted an international bill of
rights also known as the Universal Declaration of Human Rights.
The Universal Declaration of Human Rights
In December 1948, the Universal Declaration of Human Rights, or UDHR, was
adopted by the United Nations General Assembly. The members of the United Nations
(UN) committed to respect and promote human rights, and to advance this goal, the UN
established the Commission on Human Rights. The Commission on Human Rights was
tasked to draft documents that lay down the meaning of the fundamental rights and
freedoms of every individual as enunciated in the UDHR.
The Universal Declaration of Human Rights is considered the international
version of the Magna Carta. It is a revolutionary international law that dictates how
states are to treat their people. The issues of the states are now considered a matter of
international concerns and no longer just domestic issues. The UDHR provides that the
rights of every human being are interdependent and are indivisible. This means that all
states are responsible for the attainment of international peace and freedom.
The principles of the UDHR are now incorporated into the constitutions of more
than 185 nations that are members of the United Nations. Even though the Universal
Declaration of Human Rights is not a legally binding document the way a treaty or a
convention would be, it has achieved the status of customary international law because
it was regarded as "a common standard of achievement for all people and all nations."
Human Rights Today
In recent years, human rights have evolved from a simple context of humans
having the rights to freedom, religion, and assembly to what they have become now.
Today, human rights have become more accessible to all individuals, have specified
functions, and have gained a wider definition. The old definitions of human rights
already emphasized liberty or "freedom," but they have since expanded to include
security. Liberty is important to an individual, but when he or she does not feel secure,
he or she might not fully enjoy his or her rights and freedoms. Human rights also include
freedom of religion, thought, expression, movement, due process of law, education,
health, property ownership, the right to build your own family, freedom from
discrimination of gender, culture, race and religion, and freedom from unjust
punishment, tyranny, and oppression.
Summary
The development of human rights has come a long way. From the beginning of
the acknowledgment of human rights to the implementation of human rights: laws,
humans have come a long way in what every individual deserves freedom. The
establishment of the United Nations has opened the door in achieving international laws
and the declaration of the Universal Declaration of Human Rights. The UDHR has
helped the citizens of the states to enjoy freedom and have their rights be
acknowledged, as governments are obliged to respect, protect, and fulfill human rights.
In today's society, the rights of every individuals are recognized. It has now become
more accessible and greatly discussed in various spheres of life.

LESSON 3:
CURRENT STATE OF HUMAN RIGHTS IN THE PHILIPPINES
Lesson Objectives
When you finish reading this lesson, you should be able to:
1 discuss the events that took place under President Duterte's administration; and
2 discuss the facts behind the current situation of human rights in the Philippines.
DEFINITION OF TERMS

 Extrajudicial Killing (EJK) - Killing of a person by authorities, without judicial

sanction
  Martial Law - Essentially placing civil functions under military control for
specific reasons, such as "lawless violence, invasion, or rebellion" (Art. VII,
Sec. 18, 1987 Philippine Constitution)

Introduction
The War on Drugs. The current president of the Philippines, President Rodrigo
Roa Duterte, who took an oath in 2016, spearheads the current "war on drugs" regime.
As people know, crimes in the Philippines are widespread and have plagued the lives of
citizens. As part of his campaign and the belief that drug addicts play a major role in the
occurrence of crime in the Philippines, the current president swore to eliminate the drug
problem in the country if he's given two years.
The original goal of the campaign was to eradicate the plague of drug use in the
Philippines. With this, the president ordered the country's police forces to go on a
campaign of seizing people whom they believe are related to drug use/ drug trade, with
the instruction that if those caught resist ("nanlaban"), the police are allowed to fight
back and kill the suspect. The most controversial aspect of the drug war is that
President Duterte offered a reward/bounty to certain people who turn in people related
to drug use, "dead or alive." With this premise, law enforcers overzealously took action
and spearheaded the campaign, now serving as the major players behind the war on
drugs.
The Events
In the course of conducting the government's war on drugs, there are certain
events that in themselves reflect the current state of human rights in the country. Here
are the certain events that are taking place:
The Extrajudicial Killings. As the campaign started, bodies upon bodies of people
reportedly involved in drugs have been reported. Police forces have started acting upon
the lives of people without the sanction of any legal process. Minors started becoming
casualties as masked unidentified gunmen also started taking part in the campaign,
which was said to have no connection with the police and were isolated cases. The
extrajudicial killings or EJKs have caused public disagreement, as some believe that
human rights of people should still be prioritized, and some agree that killing people
involved with drugs would help the country in general.
The Kian Loyd delos Santos Case. This case was one of the infamous examples of
EJK, among the many casualties of the war on drugs. The 17-year-old Kian Loyd delos
Santos was shot and killed during the Oplan Galugad that took place on the night of
August 16, 2017 in Caloocan City. The victim allegedly "fought back at the police and
shot a gun against them" when confronted by the police. A gun and two sachets of
shabu were recovered from the body of Kian, which the relatives said neither belonged
to him. A CCTV footage came out, falsifying the claim against Kian, and it showed that
Kian was on the floor, begging for his life before a series of gunshots. This caused a
public outcry, and the three police involved in the case were criticized by the public.
The Martial Law in Mindanao. On May 23, 2017, the rising conflicts in Mindanao,
specifically in Marawi between the Armed Forces of the Philippines and the group
forced the president to place the whole of Mindanao, Basilan, Sulu, and Tawi-Tawi
under Martial Law. The major implication of this was that the writ of habeas corpus was
going to be suspended, which meant that public officials are allowed to detain
individuals without bringing the said person to the court of law. This caused public fear
and dismay, as many have theorized that Duterte was going to use this and extend
Martial Law not only in Mindanao, but also all over the country. It is well-known that the
country has once undergone Martial Law under the regime of Marcos, resulting in
thousands of casualties and missing victims that are still not found up to this day.
Release of the Drug Lords Case. A matrix was released and certain individuals were
identified to be the "big guns" involved in drug trafficking in the country. Among those
were Peter Lim and Kerwin Espinosa. Peter Lim denied the accusation that he was a
drug lord in the country, but Kerwin Espinosa surrendered and acted as a witness for
the court. He alleged Peter Lim to be his supplier. Despite Kerwin Espinosa's
confessing as to being a drug lord, the court dismissed his charges together with Peter
Lim due to lack of evidence. Duterte later on fumed with anger by this court decision
and ordered Lim to be arrested, who has now gone missing. The president was
infamously remembered stating "Commit suicide rather than surrender." This sparked
conspiracy theories such as that the president was doing this in an attempt to cover up
his "buddy" among the public.
President Threatening to Leave UN. As the United Nations grew wary of the "war on
drugs," the UN repeatedly tried to condemn the drive as a violation of human rights. The
president then threatened to "separate" from the UN and form another body with China
and African nations. This sparked controversy not only in the Philippines but also all
around the world. From this point c started to become a notorious figure. It can be noted
that it is also around that time that the president started to strengthen relations with
China. the president
Oplan Tokhang. This was part of the war on drugs campaign, famously known as an
operation where police would knock on the doors of suspected users and ask them to
surrender. Do remember that one of the president's mandates for the police is if the
suspect "fights back," they are free to gun down the alleged suspect. This caused
dismay among the public as the cases seem to be targeted to the poor and the minors
only. Thousands of casualties were recorded and further caused public dismay.
The Human Shield Case. Another minor casualty was recorded, as another child's life
was taken. The three-year-old was in her home during the anti-drug operation in Rizal.
The police stated that the suspect used the child as the human shield against them. The
casualties were the lives of one police, the suspect, and the child. The police were later
criticized as it was deemed to be a "lame excuse" to cover up the casualties, as it does
not make sense for a father to use a child as his own shield and how poorly the
operation was handled. The mother's testimony also stated that the child was not used
as a shield.
Arguably, there have been disputes over whether the country has become a safer place
or not as a result of the drug war, in which facts will be discussed to understand the
current situation of human rights in the country.
The Facts
In discussing a controversial aspect such as involved in human rights, it is
important that we use facts as basis to prove certain aspects as there are always two
sides of the story and to stay away from bias as much as possible. In this case, we use
facts to discuss the current situation of human rights in the Philippines.
The Death Toll. As of June of 2019, the death toll of people involved in drugs is
"estimated" to be around 6,000 people. Do note that this is the official number stated by
the police, which means that this does not include the number killed by masked
unidentified gunmen. The Philippine National Police (PNP) then stated that those
"homicides totaled about 22,983. Also, it is important to note that almost majority of the
victims are under the P10,000 income, which classify them as the lower end of the
social hierarchy. This is why the war on drugs has been branded "anti-poor," and more
often the rich ones (Peter Lim Case) have not been touched or let free.
Crime Rate. Crime rate in the country has been down since the start of the war on
drugs regime. The PNP data showed a 22.6% drop in index crimes such as murder,
homicide, physical injury, rape, robbery, theft, and carnapping. With the police and the
administration showing that they are not scared to get their hands stained with blood,
criminals are now more wary on committing crimes. However, it is not a testing meter to
conclude the success and effectiveness of the drug war. There are so many more
factors that could be attributed to the decrease in crime rate (do note that there is a
decline in the population after the drug war after all) before we get to conclude its
effectiveness, which is a whole different topic.
Tourism. The country's tourism industry, especially during the start of the drug war got
hit hard. At one time, the tourism secretary urged the media to "tone down" coverage of
Duterte's drug war, as EJK was scaring away foreigners. This would be a huge problem
coming forward, as one of the main economic weights of the country was coming from
tourism. Thankfully, the country's tourism aspect recovered due to the efforts of the
tourism industry in making sure that foreigners are safe from EJK.
Innocent Lives. It is no secret that innocent lives are at risk during the war on drugs
campaign. At one-point, normal citizens were so scared of going out during the public
outrage about the Kian delos Santos case, as more teenagers were killed during that
same week. It is also no secret that as long as the drug war continues, more innocent
lives would be taken as police officers have said that there would always be casualties.
Drug Use Rate. People who use drugs in the Philippines went from the estimated 1.7
million up to the estimated 4 million despite the current war on drugs. As mentioned
before, this is why the effectiveness of the drug war cannot be measured by one factor
only. In defense of this, the Philippine Drug Enforcement (PDEA) stated that this
number is a metric on how effective the drug war is, as the increase in population is
caused by the number of people coming forward on using drugs.
One of the Most Dangerous. Based on the Armed Conflict Location and Event Data
Projects (ACLED) findings, it was stated that the Philippines was among the most
dangerous countries in the world to be in, ranked at number four. With the death toll of
more than thousands, after all, it is reasonable as to why the country was ranked fourth
in the most dangerous list, especially that the police themselves are aware that innocent
lives are at stake and they still continue the process of the war on drugs. This can scare
away potential foreigners that would come into the country, as other countries are
known to have legalized the use of some drugs.
With the above facts it is safe to say that the country is in disarray in terms of
human rights. The situation has become so worse to the point that human rights
activists and even churches themselves have started partaking on the topic of human
rights. The president himself stated that "the only sin I have committed is the EJKs."
Even though the drug war has improved the country's criminal rate aspect, the lives of
innocent people are still at stake, which leads to the human rights of people being
neglected.
Summary
The discourse on human rights remains relevant in modern times. A big part of
studying human rights as an important concept is to situate it in the context of the
society where you are in. What makes the concept essential in your work as future
enforcers of the law is to realize that human rights affect us individually, as a member of
a family, and as a servant for the larger community.
 UNIT III:
HUMAN RIGHTS GOVERNANCE IN THE PHILIPPINES

Overview
After learning the basic concepts and the evolution of human rights from the early
period to the modern times, this unit will now discuss various human rights instruments
ratified by the Philippines as signatory to the Universal Declaration of Human Rights.
This unit will focus on various human rights institutions and their respective roles, with
particular focus on the observance of human rights principles by the law enforcement
sector vis-à-vis the different pillars of the criminal justice system.

LESSON 1:
INTERNATIONAL CONVENTIONS ON HUMAN RIGHTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. identify international conventions on human rights;
2. and discuss the important provisions of these international conventions.
DEFINITION OF TERMS

 Conventions - Formal agreements, which are legally binding on

contracting states; also referred to as treaty
 UN Human Rights Office of the High Commissioner - A United Nations
agency responsible for promoting and protecting human rights

Introduction
In the previous lessons, we journeyed back to the historical antecedents of
human rights as a principle and concept. We discussed how it evolved across time and
space-from the earlier civilizations to the establishment of the United Nations to the
contemporary appreciation of rights and its fundamental characteristics.
In this lesson, we will briefly discuss various international conventions as
enumerated by the UN Human Rights Office of the High Commissioner (OHCHR),
Conventions are formal agreements, which are legally binding to contracting states.
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) Adopted on December 21, 1965, this convention upholds
that "the existence of racial barriers is repugnant to the ideals of any human society."
Therefore, it seeks to combat all forms of racial discrimination, defined as "any
distinction, exclusion, restriction, or preference based on race, color, descent, or
national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, social, cultural, or any other field of public life"
(Part I, Article 1, Paragraph 1; ICERD).
The specific rights identified in this convention can be found in Part I, Article 5.
Some of these rights are as follows: (a) equal treatment before tribunals and other
organs administering justice, (b) right to security of person and protection by the state,
(c) political rights, (d) civil rights, and (e) right to access to any place or service for
public use.

International Covenant on Civil and Political Rights (ICCPR)

Adopted on December 16, 1966, this convention states that "by virtue of that right
they freely determine their political status and freely pursue their economic, social, and
cultural development" (Part I, Article 1, Paragraph 1; ICCPR).
Some of the salient provisions in this convention are as follows: (a) right to self-
determination (Art. 1); (b) right to effective remedy, determined by competent (Art. 2);
(c) inherent right to life (Art. 4), with provisions on death penalty in countries imposing
such; (d) prohibition on torture and other forms of cruel and inhuman
treatment/punishment, with emphasis on the need for consent when participating in
human experimentation; (e) prohibition on slavery and forced/ compulsory labor; (f) right
to fair trial and presumption of innocence (Art. 14); (g) right to freedom of thought and
opinion (Art. 18-19); and others.
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Adopted on December 16, 1966, this convention provides "to ensure the equal
right of men and women to the enjoyment of all economic, social, and cultural rights."
Some of the economic, social, and cultural rights identified are as follows: (a) right to
work and just and favorable conditions at work (Art. 6-7); (b) right to form trade unions
and the right to strike, as long as in conformity with the laws of the country (Art. 8); (c)
right to social security, social protection, and adequate standard of living (Art. 9-11); (d)
right to highest attainable standard of health both physical and mental (Art. 12); (e) right
to education (Art. 13-14); and (f) right cultural rights, enjoyment of scientific progress
and technologies, and enjoyment of benefits from one's creative production (Art. 15),
among others.
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
Adopted on December 18, 1979, this convention upholds the equality of rights of
men and women in line with existing international covenants on human rights. However,
the same recognizes that despite these instruments, the discrimination of women
persists, which necessitates the creation of this specific treaty. The convention defines
"discrimination against women" as "any distinction, exclusion, or restriction made on the
basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women" (Art. 1). Specific provisions of the convention
include: (a) an embodiment of gender equality in national laws (Art. 2); (b) ensuring
women development (Art. 2); and (3) gender equity in political and civil endeavors (Art.
7-9), education (Art. 10), employment (Art. 11), and health care (Art. 12), among others.
Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (CAT) Adopted on December 10, 1984, this convention
was anchored on the Universal Declaration of Human Rights and the ICCPR. It upholds
that "no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or
punishment."
Torture is defined by the convention as "any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person for such
purposes as obtaining from him or a third person information or a confession, punishing
him for an act he or a third person has committed or is suspected of having committed,
or intimidating or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a public official or other person acting in an
official capacity" (Art. 1).
It prohibits return or extradition of a person when there is danger of torture in the
home country (Art. 3). It also sures that commission, complicity, or participation in
torture is considered as legal offenses (Art. 4) and that torture victims (and their
families, if the victim dies) obtain redress and adequate compensation (Art. 14).
Other International Conventions
The Convention on the Rights of the Child (CRC), adopted on November 20,
1989, serves as the foundation of the pillars of children's rights, namely survival (e.g.,
right to live), protection (e.g., right to be spared from abuses and harm), development
(e.g., right to maximize potential through education), and participation (e.g., right to be
consulted in programs related to children).
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICMW), adopted on December 19, 1990,
defines the various types of migrant workers and taking from previous international
conventions of rights, emphasized that they too apply to all individuals engaged in
remunerated activity in a country in which one is not a citizen.
On the other hand, the International Convention for the Protection of All Persons
from Enforced Disappearance (CPED), adopted on December 20, 2006, defines
enforced disappearance as "the arrest, detention, abduction, or any other form of
deprivation of liberty by agents of the State or by persons or groups of persons acting
with the authorization, support, or acquiescence of the State, followed by a refusal to
acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of
the disappeared person, which place such a person outside the protection of the law"
(Art. 2). Finally, Convention on the Rights of Persons with Disabilities (CRPD), adopted
on December 13, 2006, seeks to protect the rights of persons with various forms of
disability.
Some Optional Protocols
Aside from the main treatises, there are optional protocols that aim to
complement or supplement existing ones. These optional protocols may clarify or
operationalize the provisions of existing conventions or address contemporary
implications and applications of the instruments. Some of the optional protocols are as
follows, with their respective dates of adoption:
 Optional Protocol to the Covenant on Economic, Social, Rights (December 10,
2008) and Cultural
 Optional Protocol to the International Covenant on Civil and Political Rights
(December 16, 1966)
 Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty (December 15, 1989)
 Optional Protocol to the Convention on the Elimination of Discrimination. Against
Women (December 10, 1999)
 Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict (May 25, 2000)
 Optional Protocol to the Convention on the Rights of the Child on the of Children,
Sale of Child Prostitution, and Child Pornography (May 25, 2000)
 Optional Protocol to the Convention on the Rights of the Child on a
Communications Procedure (April 14, 2014)
 Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman,
or Degrading Treatment or Punishment (December 18, 2002)
 Optional Protocol to the Convention on the Rights of Persons with Disabilities
(December 12, 2006)
List of General International Human Rights Instruments
 Universal Declaration of Human Rights (1948) International Convention on the
Elimination of All Forms of Racial
  Discrimination (1965)
 International Covenant on Civil and Political Rights (1966)
 International Covenant on Economic, Social, and Cultural Rights (1966)
 United Nations Convention on the Elimination of All Forms of Discrimination
Against Women (1979)
 United Nations Convention on the Rights of the Child (1989)
 United Nations Convention on the Rights of Persons with Disabilities (2006)
 European Convention on Human Rights (1950)
 European Social Charter (1961)
 Charter of Fundamental Rights of the European Union (2000)
Summary
Human rights are valued across time and space. Wherever around the world,
there are fundamental rights that must be ensured to protect people of varying contexts-
children, women and men, migrants, persons with disabilities-and in varying spheres-
social, political, and economic. The international conventions discussed in this lesson,
only show what nations around the world deem as valuable in ensuring these rights.

LESSON 2:
INSTITUTIONAL SETTING OF HUMAN RIGHTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. define national human rights institutions;
2. discuss NHRIs functions and types; and
3. explain Paris Principles.
DEFINITION OF TERMS

 Human Rights Institutions (NHRIS) - Institutions created for the promotion and
protection of human rights, especially of vulnerable and marginalized groups

 Paris Principles - Principles that enlighten the function of national

humanmrights institutions

Introduction
After discussing international frameworks on human rights, it is necessary to see
how this very important principle is embodied and actualized in an institutional setting.
Institutions serve as infrastructures within which policies and programs. are realized and
made tangible. Human rights frameworks are enabled through a functioning institution
and system.
National Human Rights Institutions
There are many institutions involved in human rights protection and promotion.
However, by "national human right institution," what is being pertained to is the
institution "whose specific functions are to promote and protect human rights" (United
Nations, 2007).
In the Philippines, the primary human rights institution is the Commission on
Human Rights. Created under the 1987 Constitution, the CHR was established through
Executive Order No. 163 on May 5, 1987. In a nutshell, the Commission is tasked to
investigate human rights violations among vulnerable groups.
Internationally, NHRIS collaborate and cooperate through the Global Alliance for
National Human Rights Institutions (GANHRI), which is established in 2003. This
international association helps NHRIS link with UN Human Rights Council, provides
platform for cooperation, builds capacities of NHRIS, assists NHRIS under threat, and
may also help governments establish NHRIS (GANHRI, n.d.).

Functions and Types of NHRI

National human rights institutions have specific functions. First, they take charge
of handling and facilitating human rights complaints. Second, they promote access to
information through human rights education. Third, they are also tasked to provide legal
reform recommendations as necessary.
According of NHRIS worldwide:
1. to GANHRI (n.d.), the following are the types of models Human rights commissions.
This NHRI is often focused on abuses committed by individuals, groups, or
governments (Pinheiro & Baluarte, 2000)
2. Human rights ombudsman institutions. This NHRI is often focused on abuses
committed by public officials or institutions (Pinheiro & Baluarte, 2000).
3. Hybrid institutions. This is when the human rights commission also takes on the
function of the ombudsman commission.
4. Consultative and advisory bodies. This is primarily focused on offering legal
recommendations to enhance human rights protection and promotion.
5. Institutes and centers. These are institutions focused on providing support,
conducting research, and implementing human rights education for specific
marginalized or vulnerable group.
6. Multiple institutions. Sometimes, human rights protection and promotion are made
possible through a collaboration of several institutions working together.
Paris Principles
To guide the function of NHRIs, the UN adapted the Paris Principles in 1993
(United Nations Human Rights Office of the High Commissioner, 1996-2021). These
principles guide the function and affairs of NHRI. In a nutshell, the Paris Principles
uphold that NHRIs should:
 Be independent of the government, with such independence guaranteed either
by statutory law or constitutional provisions;
 Be pluralistic in their roles and membership;
 Have as broad a mandate as possible, capable, in the context of the Convention,
of collectively promoting, protecting, and monitoring the implementation of all
aspects of the Convention through various means, including the ability to make
recommendations and proposals concerning existing and proposed laws and
policies;
 Have adequate powers of investigation, with the capacity to hear complaints and
transmit them to the competent authorities;
 Be characterized by regular and effective functioning;
 Be adequately funded and not subject to financial control, which might affect their
independence; and
 Be accessible to the general public and in the context of the Convention,
particularly to persons with disabilities, including women with disabilities and
children with disabilities, and their representative organizations.
Summary
Institutions are embodiments of principles. Human rights, as a human value and
guiding philosophy, take a more concrete and active form through national human rights
institutions. However, to function faithfully to its true nature, the NHRI should be
enlightened by its own fundamental principles, which should make it significantly fool-
proof from its own abuse. In current discourses on human rights, we are reminded that
all of us are potential victims inasmuch as all of us are perpetrators-whether we are
individuals, groups, or the government. Hence, the NHRI as an independent body does
not only protect us from others but also ensures that we protect others from ourselves.
This humble recognition is necessary for us to commit more personally to the promotion
of human rights for all.
LESSON 3:
HUMAN RIGHTS IN PHILIPPINE LAW ENFORCEMENT
Lesson Objectives
When you finish reading this lesson, you should be able to:
 1. learn the International Rights Standards relevant to the work of the police or any
law enforcement agent;
2. ponder on basic human rights principles for the law enforcement and transform
the principles into practical application or approach;
3. strengthen the respect and faith in human dignity and fundamental human rights
amongst the law enforcement sector; and
4. instill consciousness among students the legality and compliance with
international human rights standards within law enforcement agencies.
DEFINITION OF TERMS

 Equal Protection - Everyone is entitled to equal protection of the law, without

discrimination on any grounds, and especially against violence and other
threats. Be especially vigilant to protect potentially vulnerable groups such as
children, the elderly, women, refugees, displaced persons, and members of
minority groups.
 Respectful Treatment- Treat all citizens and victims of crime with compassion
and respect, with utmost consideration for their need for safety and privacy.
 Use of Force - Do not use force, except when strictly necessary and to the
minimum extent required under the circumstances.
 Arresting Persons on Legal Grounds - Arrest persons only if there are legal.
grounds to do so, and the arrest is carried out in accordance with lawful arrest
procedures.
 Detainee's Rights - Ensure that all detainees, immediately after their arrest,
have access to their family and lawyer. They must also be given immediate
medical assistance whenever necessary.

Introduction
The incorporation of the study of human rights in the law enforcement service is
a growing and a continuously evolving trend. In the performance of their duties as law
enforcement agents, it is indispensable, if not unavoidable to keep the principles of
human rights, particularly in approaching an apprehended or arrested person. The study
of human rights goes hand in hand with the law enforcement in the sense that every
person, whether accused of a crime or not is entitled to dignity and respect. Although
much has been said about respect being a challenging feat, especially if confronted with
such an emergency situation in the actual field, particularly when t comes to the proper
treatment of persons arrested or persons who just committed a crime, if law
enforcement agents keep the principles of human rights in all facets of their duties as
protectors of the state, the people will surely gain their trust and will be lauded for their
dignified treatment. The connection of the study of human rights to law enforcement
activities is to regulate the movements of law enforcement agents through a "human
rights-based approach" in dealing with arrested persons, detainees, and other similar
stakeholders.
 Human rights are universal legal guarantees protecting individuals and groups
against actions by governments that interfere with fundamental freedoms and human
dignity. Article 1 of the Universal Declaration of Human Rights provides that "all human
beings are born free and equal in dignity and rights." They are endowed with reason
and conscience and should act toward one another in a spirit of brotherhood.
Thus, rights are those fundamental rights that empower human beings to shape
their lives in accordance with liberty, equality, and respect for human dignity.
Human rights can be correlated to the Golden Rule: do not do unto others what
you do not want others do unto you. Human rights focus on human dignity. Human
rights may also include ideas of freedom, justice, equality, and solidarity.
Individual Obligations in Human Rights
All human rights, regardless of category, are indivisible and interdependent
realizing one right is an essential condition for or is instrumental to realizing other rights,
such as the rights of the suspects as enshrined and guaranteed by no less than the
Constitution. Protection of human rights is continually observed and subject to very
defined exceptions. Protection of human rights is essentially a matter of learning and
understanding the basic human rights of a person and acting in accordance with those
rights in dealing with every individual-whether the law enforcement's side or the citizen's
side. This means that human rights must come from both ends-the law enforcement
agent must respect the rights and dignity of the person they are in contact with, and the
latter must respect the authority and dignity of the law enforcement agent.
State Obligations in Human Rights
Obligation to respect human rights: Refrain from illegal and disproportionate
actions. Avoid unjustified interferences, such as the right to privacy and the sanctity of a
home. For example, the law enforcement agent must conduct his or her search or
frisking to the extent of not absolutely invading the right of the privacy of the person
arrested. Search incidental to a lawful arrest must be limited to patting weapons that the
person arrested may have so as not to endanger the life of the arresting officer. In the
same manner, the utmost cooperation of the person arrested must be expected so as
not to hamper the effective performance of the duties of the law enforcement officer or
arresting officer.
Obligation to protect human rights: Take executive, legislative, and judicial
action to ensure human of every human being such as the rights of persons arrested
and under custodial investigation under Republic Act No. 7438 in which case the state
must come up with laws to protect its citizens from hampering their human rights such
as the right to speedy disposition of their criminal cases, such as the Supreme Court
ruling on inordinate delay¹ as well as the right to bail whenever a person is lawfully
arrested without a warrant of arrest. These rules are all enshrined by no less than the
1987 Constitution.
 Obligation to fulfill human rights: means that States must take positive action to
facilitate the enjoyment of basic human rights. In law enforcement, a classic example of
the government's obligation to fulfill is the treatment of children in conflict with the law
under Republic Act No. 9344 where a child involved in a crime should not be treated
similarly with other persons who belong to the age of majority. A child is not bound to
disclose any records of the judicial proceedings if he or she got involved in a crime while
he or she is still a minor. For instance, when X was 16 years of age, he committed the
crime of theft of a neighbor's property. When X enrolled in the College of Criminology
and completed the course after four years, should he decide to apply for a police officer
position in the Philippine National Police, X can declare that he was not charged for any
crime and is exempt from the committing any misrepresentation. The State affords the
child the chance to reform himself or herself without any form of discrimination from his
or her past acts or misdeeds.
Police Obligations in Human Rights
When a police officer arrests a suspect, he or she is interfering with that
suspect's human right to personal liberty and security. The basis for interfering or
deprivation of liberty brought about by arrest is to protect the life of others or to enforce
the law but at all times must have basis in law.
Police includes all law enforcement officials who conduct arrest under Rule 113
of the Rules of Court, particularly Section 5, Rule 113 on warrantless arrests.
2 Section 5. Arrest without warrant; when lawful- A peace officer or a private person
may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; 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.
In cases falling under paragraphs (a) and (b) above, the person arrested without
a warrant shall be forthwith delivered to the nearest police station or jail and shall be
proceeded against in accordance with Section 7 of Rule 112.
Here are some examples of the application of Human Rights' principles that call
for protection and respect by police authorities:
Human rights Life Police should case of Police should not
 threats to life and property
Life Take appropriate action in Use excessive lethal force

Freedom from treatment Act on domestic violence Intimidate during

torture and ill swiftly interrogation and use
ground(s) excessive
physical force

Personal liberty and fair Uphold and respect the

trial person's right to be of the
nature and cause of
arrest/accusation

Peaceful assembly Maintain peace and order Unlawfully disperse or low

or no tolerance

Characteristics of Human Rights

 Internationally guaranteed
 Legally protected
 Focus on the dignity of the human being
 Protect individuals and groups
 Oblige States and State Actors
 Cannot be waived or taken away
 Equal and interdependent
 Universal
Who Makes Human Rights Rules?
It is the states themselves who make the rules through the development of
customs, the development of treaties, and the development of international
declarations, guidelines, and bodies of principles. States agree on the content of these
sources and agree to be bound by them. In the case of human rights, while it. is
individuals and groups who are protected, it is the conduct of states (and state actors)
that is regulated.
Venue of Rules on Human Rights
Rules are made and conducted at international bodies and meetings, such as the
United Nations Commission on Human Rights, United Nations General. Assembly,
United Nations Crime Congresses, and other regional organizations.
Monitoring of Human Rights
 There are two levels of stakeholders who monitor human rights. These are the
national level and the international level. The national level is composed of:
 Concerned government agencies and services, including the police;
 National human rights institutions (such as a human rights commission)
 Human rights and other nongovernmental organizations (NGOs)
 The courts;
 Parliament;
 The media;
 Professional organizations (such as lawyers, criminologists, etc.);
 Trade unions;
 Religious organizations; and
 Universities and their human rights center.
On the other hand, the international level consists of regional organizations and
based) mechanisms and through peacekeeping and human rights operations.
institutions, international non-government organizations, and the United Nations through
conventional (treaty-based) mechanisms, and extra-conventional (charter
List of General International Human Rights Instruments
a. Universal Declaration of Human Rights (1948)
b. International Convention on the Elimination of All Forms of Racial Discrimination
(1965)
c. International Covenant on Civil and Political Rights (1966)
d. International Covenant on Economic, Social and Cultural Rights (1966)
e. United Nations Convention on the Elimination of All Forms of
f. Discrimination Against Women (1979) United Nations Convention on the Rights
of the Child (1989) f.
g. United Nations Convention on the Rights of Persons with Disabilities (2006)
h. European Convention on Human Rights (1950)
i. European Social Charter (1961)
j. Charter of Fundamental Rights of the European Union (2000)
Selected International Human Rights for Law Enforcement Officials
1. UN Convention Against Torture and Other Cruel, Inhuman, and Degrading
Treatment or Punishment (1984)
2. Optional Protocol to the UN Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (2002)
3. European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (1987)
Article 1 of the Convention Against Torture provides that every human being must be
protected against torture or acts that cause pain, thereby causing physical and mental
suffering and inflicting such pain for the purpose of obtaining from him or from the third
person any information or a confession or by punishing a human being for an act he or
another person has committed or is suspected of having committed or by intimidating or
coercing a human being or another person or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a public official or other person acting in an official capacity.
On the other hand, cruel, inhuman, or degrading punishments that do not amount to
torture as defined in Article 1, arise when such acts are committed by or at the
instigation of or with the consent or acquiescence of a public official or other person
acting in an official capacity (i.e., penalty of death by firing squad).
4. International Convention for the Protection of All Persons from Enforced
Disappearance (2006) The purpose of the convention is to raise awareness of
the extreme seriousness of enforced disappearance, which constitutes a crime
and, in some jurisdictions, is even a crime against humanity. It also recognizes
the rights of every human being against enforced disappearance as well as the
rights of the victims to justice and reparation. The convention also affirms the
right of any victim to know the truth about the circumstances of an enforced
disappearance and the fate of the disappeared person and the right to freedom
to seek, receive, and impart information to this end.
5. UN Code of Conduct for Law Enforcement Officials (1979)
6. UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power (1985)
7. UN Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials (1990)
8. Council of Europe Declaration on the Police (1979)
9. Council of European Code of Police Ethics (2001)
Law enforcement officials must be the front liners in implementing human rights
instruments by spearheading respect and protection for human dignity. The use of force
must be used only in exceptional cases and if so, must use them whenever reasonably
necessary under certain circumstances. The principle of proportionality is the key and
only toward a legitimate objective. Thus, the use of firearms, for instance, is considered
only under extreme measure. Use of firearms against children in conflict with the law is
prohibited, if not strongly discouraged. Firearms will be used only if there is an armed
resistance and to prevent jeopardizing the lives of others. Law enforcement officials
must keep confidential matters entrusted to them, and law enforcers handling detainees
must ensure the latter's health and safety while inside the jail facilities. Law enforcement
agents and officials at all levels must also shun corruption.
The Philippine Commission on Human Rights
The Commission on Rights (CHR) is an independent National Human Rights
Institution (NHRI) created under the 1987 Philippine Constitution, established on 05
May 1987 by virtue of Executive Order No. 163.
 The Commission is mandated to conduct investigations on human rights violations
against and vulnerable sectors of the society, involving civil and political rights.
Constitutional Basis on the Creation of the Commission on Human Rights
The Commission on Human Rights was created as response to the atrocities
committed during Martial Law. When the 1987 Constitution was drafted, Article XIII on
Social Justice and Human Rights defined the creation of the Commission.
Section 1 of Article XIII of the 1987 Constitution mandates the Congress to give the
highest priority to the enactment of measures that protect and enhance the right of all
the people to human dignity, reduce social, economic, and political inequalities, and
remove cultural inequalities by equitably diffusing wealth and political power for the
common good.
Sections 17 and 18 of Article XIII of the 1987 Constitution provide for the creation of
an independent office called the Commission on Human Rights and defines its powers
and functions. The same powers and functions of the Commission on Human Rights are
defined under Section 3 of Executive Order No. 163.
Section 11, Article II of the 1987 Constitution provides that "The State values the
dignity of every human person and guarantees full respect for human rights."
Composition of the Commission on Human Rights
The Commission on Human Rights shall be composed of a chairman and four
members who must be natural-born citizens of the Philippines, and at the time of their
appointment, at least 35 years of age, they must not have been candidates for any
elective position in the elections immediately preceding their appointment. However, a
majority thereof shall be members of the Philippine Bar.

Powers and Functions of the Commission on Human Rights

(1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights.
(2) Adopt its operational guidelines and rules of procedure and cite for contempt for
violations thereof in accordance with the Rules of Court.
(3) Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the underprivileged whose human rights have been
violated or need protection.
(4) Exercise visitorial powers over jails, prisons, or detentions facilities.
(5) Establish a continuing program of research, education, and information to enhance
respect for the primacy of human rights.
(6) Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights or their families.
(7) Monitor the Philippine Government's compliance with international treaty obligations
on human rights.

(8) Grant immunity from prosecution to any person whose testimony or whose of
documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority.
(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions.
(10) Appoint its officers and employees in accordance with law.
(11) Perform such other duties and functions as may be provided by law.
Law Enforcement and Human Rights
Human Rights-Based on the National and International Spheres
International human rights law is binding on all states and their agents, including
law enforcement officials. Human rights are a legitimate subject for international law and
international scrutiny. Law enforcement officials are obliged to know and apply
international standards for human rights.
Every law enforcement agent is enjoined that "In the exercise of his rights and
freedoms, everyone shall be subject 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 requirements of morality, public order, and
the general welfare in a democratic society.
Therefore, in modern democracies, the protection of human rights remains an
inherent duty of every law enforcer. This is in addition to his fundamental duty to
maintain public peace and order and ensure the general welfare of the community.
 According to the PNP Guidebook on Human Rights, Human Rights-Based
Policing (HRBP) is the comprehensive, systematic, and institutional compliance with
international human rights standards and practices in the conduct of police or law
enforcement functions. It is also an approach to policing that defines the relationship
between individual citizens and various groups or sectors of society as claim holders
whose rights have to be respected and protected by the police and the police as duty
holders that have obligations to respect, protect, and fulfill human rights. The HRBP
also aims to empower claimholders to claim their rights, while strengthening the
capacities of duty holders to meet their duties and obligations as human rights
protectors.
Mainstreaming human rights-based approaches in police work is done by
incorporating human rights principles and practices into police doctrines, strategies, and
plans. These principles and practices are also applied to all police systems, procedures,
methods, and tactics. To be truly effective, even police equipment, supplies, and
facilities are reviewed and upgraded to enable a police organization to meet human
rights standards for law enforcement.
Human rights-based policing is considered to be institutionalized when human
rights principles and practices are taught and applied at all levels, in both operational
and administrative functions of the police organization. Once human rights-based
policing is institutionalized, a police organization enhances its effectiveness and
credibility in networking with other government and nongovernment agencies to address
various human rights issues and concerns.
While the historical context, sociocultural background, economic realities, and
crime situation have an impact on how a police organization plans and performs its
functions- there are internationally recognized human rights standards for law
enforcement that must be met by all police agencies including the PNP.
As a reform initiative, human rights-based policing is a strategic approach for
reorienting the police organization from the traditional policing models or theories based
purely on social control or repression to a new paradigm anchored on genuine respect
for human rights and dignity, transparency, accountability, rule of law, and people's
active participation in democratic governance.
Characteristics of Human Rights-Based Policing
The PNP Guidebook on Human Rights-Based Policing provides for the
characteristics of human rights-based policing as follows:
Strict Observance of Police Policies and Procedures
Human rights-based policing entails strict observance of police policies and
operational procedures. Most, if not all violations of human rights, occur when police
officers do not follow established policies and procedures. Shortcuts, omissions, and
blatant disregard for procedures are unacceptable behaviors that violate our national
laws, PNP rules and regulations, and generally accepted socio-Cultural norms.
When police officers follow and apply proper procedures, they uphold human
rights while doing all that is possible to ensure that the subsequent case to be filed in
court against a suspect would prosper in the higher interest of justice.
For example, when a police officer informs an arrested person about his or her
Miranda Rights, that police officer is following established procedure in making arrests,
whether it is done with or without a warrant. If the arrested person was not informed of
his or her rights, it could later on be used as a defense and a means to charge the
arresting officer with a violation. By not following the procedure, a police officer runs the
risk of being charged administratively while opening an opportunity for the arrested
person to be released from detention due to a technicality.
Some policies in the PNP were also issued to uphold certain rights. For example,
the ban of the presentation of suspects before the media is intended to protect their
rights to dignity and presumption of innocence until proven guilty.
Adherence to International Human Rights Standards for Law Enforcement
Human rights-based policing is about adhering to international standards of
human rights in law enforcement.
Of course, there are differences between Philippine laws and those of other
states. The crime situation in the country is also peculiar, and some international
standards may not be immediately attainable in the Philippines. However, knowledge
and recognition of international standards pave the way for setting benchmarks for the
gradual improvement of the organizational philosophy, doctrines, physical infrastructure,
systems, training and education, operational procedures, values, and practices in the
PNP.
One of the most effective ways to promote and protect human rights is by
following PNP policies and procedures.
Professional Competence and Courteous Service
Human rights-based policing is demonstrated through professional competence
and courtesy. In order to prevent human rights violations, the police must only use
calibrated force to subdue suspects. This can only be taught through realistic simulation
of incidents involving both armed and unarmed suspects, as well as compliant and
resisting persons. They must understand that force is only used when normal
persuasion fails and when it is absolutely necessary to overcome a threat to public
safety.
The police arrest and restrain persons or suspects based on the basis of
"probable cause," while judges adjudicate and punish on the burden of "beyond a
reasonable doubt," which is a higher legal standard. However, it is clear that the police
must use commensurate degrees of force in order to effectively enforce the law and
ensure public safety.
Upholding human rights is very similar to the golden rule which says that we
must treat others in the way we want others to treat us. When we render respect and
courtesy to citizens, there is a greater tendency for them to return that respect and
courtesy.
In the Philippines, citizens are generally compliant with instructions of uniformed
agents of government, such as the PNP personnel. However, that compliance must not
only be based on fear brought about by the threat or actual use of force by police
officers. The ideal compliance of citizens to their police should be based on genuine
respect for the police badge and uniform as symbols of proper legal authority.
Another important factor to consider is that majority of citizens only establish
contact with police officers after they had already been victimized by criminals or when
they need urgent police assistance. Just like the cliché, the "first impression" that a
citizen gets from a police officer usually lasts whether that impression is positive or
negative. Therefore, the goal of every police officer during citizen contact is to provide a
professional, fast, efficient, and courteous response to a legitimate citizen request for
police service or assistance.
Respect for Rule of Law and Civilian Supremacy
Human rights-based policing is anchored on the rule of law and recognition of
civilian supremacy. From the term "law enforcement," it is understood that there can be
no enforcement apart from the law. Any act of enforcement (that is, the use of police
powers or any manner of application of force) apart from the law may be considered
criminal or at the very least, an abuse of authority. Respect for rule of law and civilian
supremacy is best exemplified when the police practices accountability for all its actions
or as the case may be, inaction on matters related to the protection of people's legal
rights.
Therefore, all police officers must always remember Article II, Section 1 of the
1987 Philippine Constitution, which states that "... sovereignty resides in the people and
all government authority emanates from them."
Pro-Democracy and Pro-Citizen
Human rights-based policing is democratic and citizen-centered. Democratic
values are best demonstrated by the police when it seeks greater participation by the
community in maintaining peace and order. The police organization must always remain
responsive and relevant to the needs of the community-which is actually the PNP's main
clientele. Through dialogues and consultations with stakeholders, the police are able to
learn about the issues and concerns that must be addressed at the community level. In
most, if not all situations, full cooperation between the police and the community is
required in order to solve peace and order problems.
Basic International Human Rights Standards for the Law Enforcement
There are at least 10 basic international human rights standards for law
enforcement that all police organizations around the world must strive to attain. By
adhering to international standards, the PNP is able to comply with a uniform set of
principles and practices that is expected from all police officers by the international
community:
1. Equal Protection- Everyone is entitled to equal protection of the law, without
discrimination on any grounds, and especially against violence and other threats.
Be especially vigilant to protect potentially vulnerable groups such as children,
the elderly, women, refugees, displaced persons, and members of minority
groups.
2. Respectful Treatment- Treat all citizens and victims of crime with compassion
and respect, with utmost consideration for their need for safety and privacy. It
must be remembered that under the law, all arrested persons and detainees are
still considered innocent and have the right to due process. Only the court can
determine their guilt or innocence. Even when they are already convicted by the
court, they still have the right to be treated humanely, with full respect and
dignity.
3. Use of Force - Do not use force, except when strictly necessary and to the
minimum extent required under the circumstances.
4. Policing Non-Violent Assemblies - Avoid using force when policing unlawful
but non-violent assemblies. When dispersing violent assemblies, use force only
to the minimum extent necessary.
5. Use of Lethal Force - Lethal force should not be used, except when strictly
unavoidable in order to protect your life or the lives of others.
6. Arresting Persons on Legal Grounds - Arrest persons only if there are legal
grounds to do so, and the arrest is carried out in accordance with lawful arrest
procedures.
7. Detainee's Rights - Ensure that all detainees, immediately after their arrest,
have access to their family and lawyer. They must also be given immediate
medical assistance whenever necessary.
8. Humane Treatment of Detainees - All detainees must be treated humanely.
Under any circumstances, do not inflict, instigate, nor tolerate any act of torture
or ill-treatment and refuse to obey any order to do so.
9. Refusal to Obey Unjust Orders - Do not carry out, order, or cover-up extra-legal
killings or enforced disappearance and refuse to obey any order to do so.
10. Reporting Violations - Report all violations of these standards to your senior
officer and to the nearest prosecutor's office. Do everything within your ability and
authority to ensure that steps are taken to investigate violations of these
standards.
Ethical and Legal Conduct of Law Enforcers
As previously defined, human rights are inherent in the dignity of every human
being. As such, law enforcers are expected to respect and obey the law, especially in
effecting procedures for arrests and seizures. Of course, a law enforcer is also expected
to maintain a high degree of responsibility required by his or her profession. Thus, his or
her duty as law enforcer is to maintain the ethical standards of his or her profession and
maintain the sanctity of human rights on every person to whom he or she has arrested.
In other words, all police actions must strictly observe the principles of legality,
necessity, nondiscrimination, proportionality, and humanity.
Police are the first line of defense for human rights. They are the guardians of the
law, including human rights law. The community depends on the police to protect the full
range of rights through the effective enforcement of the country's criminal laws.
The following are some of the most serious human rights violations requiring
police vigilance.
Torture
This refers to any act committed with the intent to cause severe pain or suffering,
mental or physical, for the purpose of:
(a) obtaining information or a confession; and
(b) punishing, intimidating, or coercing.
Enforced or Voluntary Disappearance (Desaparecidos)
This is the arrest, detention, abduction, or other deprivation of liberty by the
government or its agents, or with their complicity, tolerance, or acquiescence, where the
fate or whereabouts of the victim is not disclosed or custody is not confirmed.
Extralegal, Arbitrary, and Summary Executions (Extrajudicial Killings)
This refers to the deprivation of life without full judicial and legal process and with
the involvement, complicity, tolerance or acquiescence of the government or its agents.
It includes death through the excessive use of force by police or security forces.
Effect of Violation of Human Rights by a Law Enforcement Agent
Surely, a law enforcer will become a law breaker. If the law enforcer transgresses
human rights, he or she also curtailed the human dignity of a person. Consequently,
public confidence is eroded, and support by the public is diminished. If a human rights
violation becomes sensationalized, it may even result in a civil unrest, like in the case of
George Floyd of the United States of America where his case drew national and
international criticisms and political pressure.
 With the eroded trust, prosecutions in court may be hampered and doubts may
be raised on the integrity of the evidence submitted by law enforcement officials. Since
people have no trust in the law enforcement agents, they have the tendency to isolate
the police from the community and may not even cooperate with the successful
enforcement of criminal laws in a locality.
Thus, we should not remove the word "law" from law enforcement. Law enforcers
should be proactive and not reactive.
Effect of Upholding and Protecting Human Rights
Community cooperation and public confidence is achieved. The police can even
help in the peaceful resolution of conflicts and complaints without necessarily resorting
into court action. Even if the conflict reaches in court, there will be a tendency of a
successful prosecution of the case.
The functions of law enforcers, particularly police officers, serve as a valuable
social function. It is a part of the criminal justice system. Respect for the law means
respect for the community in which he or she belongs. The community can offer a
substantial contribution in solving crimes. Thus, law enforcement agencies work hand in
hand with the community.
Of course, this only brings honor to their agency and media support, whether
local or international.
Nondiscrimination in Law Enforcement
All persons are born free and equal in dignity and in rights. In protecting and
serving the community, police shall not unlawfully discriminate on the basis of race,
gender, religion, language, color, political opinion, national or ethnic origin, property,
birth, or other status. As for police applicants, recruitment, hiring assignment, and
promotions policies of police agencies shall be free from any form of discrimination.
However, special measures that address special needs may be formulated for
women, children and juveniles, persons with disabilities (PWDs), the sick, senior
citizens or the elderly, and other groups requiring special treatment in accordance with
international human rights standards.
Police Investigations
The purpose of criminal investigation is primarily for detection of crime.
Moreover, the investigators can also utilize the investigation process in the identification
and discovery of possible witnesses. At the scene of the crime, part of the investigation
process is to secure the evidence by scientific recovery and preservation. This is not
merely confined to the identification of the perpetrator of the crime.
Thus, in the conduct of an investigation, the human right to security is the focal
issue. If a person is detected as the would-be perpetrator, the arrested person is still
presumed innocent until proven guilty by our courts of justice. Thus, if the arrested
person is subjected to interrogation, he or she must be free from torture. If convicted by
the courts, his or her human right that he or she be spared from cruel, inhuman, and
degrading punishment must be strictly observed.
During court proceedings, both parties-the witnesses, private complainant, and
the accused are all entitled to the right to fair trial. Human rights also recognize
prohibition against involuntary confession or the right against self-incrimination or to
testify against oneself.
In some cases, particularly sexual abuse cases against minors, they enjoy the
human right for not only confidentiality of information but also the withholding of their
identities in the court records. The same holds true with respect to children in conflict
with the law under Republic Act No. 9344.
Salient Rules on Investigation in Consonance with Human Rights
All investigations, including interviewing of witnesses, victims, and suspects;
personal searches; searches of vehicles and premise; and interception of
communications:
1. Shall not be unlawful, arbitrary, unduly intrusive, or biased;
2. Shall be competent, thorough, prompt, impartial, and lawful;
3. Shall include careful processing of crime scenes; and
4. Shall seek to collect and preserve evidence.
All police activities relating to the collection of evidence and criminal investigations
shall be conducted only according to law, with due cause, and with respect for human
rights and fundamental freedoms, and shall be neither arbitrary nor unduly intrusive.
Arrest
Arrest becomes illegal if it is done in an arbitrary manner. Thus, illegal arrest or
detention is deprivation of liberty, without any legal reason or process, by an act of
government or with its complicity, tolerance, or acquiescence.
Human Rights of an Arrested Person
1. Prohibition of arbitrary arrest
2. Right to be informed of reasons at the time of arrest
3. Right to be promptly informed of the charges
4. Right to be brought promptly to proper authorities for disposition
5. Right to access to a lawyer
6. Right to interpreter, when necessary
7. Right to bail
8. Right to notify family of his or her whereabouts
Arbitrary Arrest and Detention
 Deprivation of liberty without lawful reason or due process by an act of the
government or its agents, or with their complicity, tolerance, or acquiescence.
Arbitrary, Defined
A police officer may be violating human rights if he or she abuses his or her
authority by arresting a human being not based on legal grounds and not respecting
legal procedures, the arrest is not reasonable/inappropriate in a given circumstance, is
not proportionate to the legal objectives, and if his or her actions are not predictable.
Detainees and Prisoners.
First, we need to distinguish detainees and prisoners. A detainee is a person
deprived of liberty by means other than conviction. He or She may be a detainee not
only because of a lawful cause but also for some medical causes. On the other hand, a
prisoner is a person deprived of liberty as a result of a conviction of an offense.
Detainees enjoy the presumption of innocence. Thus, they should be treated
humanely consistent with the dignity of a human person. Like arrested persons, they
must also be freed from torture, cruel, or degrading treatments inside a detention
facility. Violence and threats are not allowed. Detainees likewise enjoy the right to
practice their religion as well as their moral beliefs.
Women and juveniles must be segregated from ordinary detainees or prisoners
alike. Jail management should impose measures of discipline that are reasonable and
consistent with law and regulations.
Facilities for detention must be humane and compliant with basic health
standards (i.e., adequate food, water, and clothing) and are not congested for hygiene
reasons. Jail officials must also provide medical services, opportunities for recreation,
and earning.
Jail visitations and proper communications should not be deprived to a detainee
or prisoner.
Use of Force and Firearms
Use of Force
A law enforcer must bear in mind that it is a primary responsibility to enforce the
law and maintain order-that the law enforcer must exercise the powers lawful and
effectively.
The use of force may tend to violate human rights when respect for the inhere
dignity of human person is infringed, and the human right to life, liber or security is
infringed.
Therefore, the use of force is strictly regulated by law, controlled, and supervised
by superiors and is subject to clear police guidelines and procedures
 In the use of force, the law enforcer must bear in mind necessity, proportionality,
legality, and accountability. As an initial approach, attempt for nonviolence mast be
resorted. The use of force comes into play only when it is necessary and called for
under the circumstances. It bears stressing that use of force is strictly for lawful
objectives.
As much as possible, damage or injury must be minimized.
Use of Firearms
Firearms must be used exclusive under extreme circumstances. In other words.
use for firearms may be permitted when less extreme measures are not enough. It must
be used only in self-defense or defense for the lives of others against imminent threat of
either physical injury or death.
Firearms may also be used to prevent a serious crime that involves threat to life.
Firearms may also be utilized to arrest or prevent the escape posing a threat and
someone who is resisting efforts to stop the threat.
The intentional lethal use of force and firearms shall be permitted only when
strictly unavoidable in order to protect human life.
Before the use of firearms, the law enforcer must identify himself or herself as a
police official. He or She must give a clear warning and provide the person warned
enough time to be obey unless the delay would cause death or injury to the police
officer or it is useless or inappropriate under the given circumstance.
In the event that the law enforcer fired a shot, it is incumbent upon the law
enforcer to render initial medical aid to all injured persons, and call for emergency
medical assistance. Have time to notify all relatives and friends of the person shot, and
allow investigation if required or requested.
Lastly, in the use of firearms, a law enforcer must prepare a full and detailed
report of the incident.
Juveniles (Children in Conflict with the Law or Children at Risk)
Detention is considered the last resort for children in conflict with the law. Family
and community resources must be mobilized to support, reform, and avoid institutional
treatment. Government sectors on children are given latitude to promote the best
interests of the child. As much as possible, judicial processes are avoided. There is a
need for trained law enforcers handling cases involving children, especially for the use
of noncustodial measures that are fair and proportionate.
Under our existing laws, there is a variety of dispositions that are available to
children, and these are intervention and diversion programs. In intervention, the law
allows the family and other support groups to deal with the children in less serious
cases. On the other hand, diversion is being resorted to for the purpose of avoiding
children in the criminal justice system and redirecting children to community support
systems.
In either intervention or diversion, care, guidance, and supervision orders are
undertaken by the parents. Foster care may also be resorted to through counseling,
education, vocational training programs and community service activities. As long as the
best interests of the child is the main objective, other programs and measures may be
resorted to.
It is also essential to identify children-at-risk. They are the abused children,
children from broken families, children living in abject poverty, street children whether
homeless or working on the streets, and refugees.
Women
Issues on women may involve the following: treatment of female offenders,
female victims, and female law enforcers. The usual human rights standards for females
is the protection from all forms of violence including sexual abuse and special afforded
for pregnant women and mothers.
For women offenders, a female law enforcement counterpart must be present at
contact. For detention purposes, they are segregated from the male detainees. For
searches and seizures, only a female seizing officer must conduct or supervise the
search of female offenders. For pregnant and lactating women offenders, special
facilities must be provided for them.
For women victims, human rights standards include equality in treatment under
the law and protection from violence and other gender-related crimes. Police officials
should consider complaints affecting women as a serious matter by, among others,
responding promptly especially to crimes of violence against their person; informing the
woman victim of available medical, social, material, and psychological support;
transportation to a safe place in case of threats or stalking; enhancing skills in proper
aid and protection of female victims of gender-based crime; and close coordination with
proper medical professionals and social agencies, such as the Philippine Department of
Social Welfare and Development.
Under the United Nations Declaration on the Elimination of Violence Against
Women, violence against women means any act of gender-based violence that results
in (or is likely to result in) physical, sexual, or psychological harm or suffering to women,
including threats of such acts, coercion, and arbitrary deprivation of liberty.
There are two types of violence that women victims suffer: they are family.
related violence and community-related violence. Family-related violence includes
battery, sexual abuse of female children in the household, dowry-based violence,
marital rape, female genital mutilation, non-spousal violence, and violence related to
exploitation. On the other hand, community-related violence includes rape, sexual
abuse, sexual harassment and intimidation at work, educational institutions, and other
similar places, trafficking in women, and forced prostitution.
Female law enforcers are likewise entitled to human rights standards. Among
those are nondiscrimination and protection from sexual harassment. Law enforcement
agencies are required to open dialogues and channels of communications for
complaints or recommendations of female officers on gender bias; discourage gender-
insensitive conversations and jokes; and review the recruitment, hiring, training, and
promotions policies to remove any gender bias.
Refugees and Nonnationals
A refugee is defined as a person who, owing to a well-founded fear of
persecution on the grounds of race, religion, nationality, and membership in a particular
social group, or political opinion, is unable or unwilling to return to his or her country of
origin (or if stateless, to his or her country of habitual residence).
International Standards for Refugees
a. Everyone has the right to seek and to enjoy, in another country, asylum from
persecution.
b. Refugees are entitled to all basic human rights, with the exception of certain
political rights, but if they are unlawfully within the territory, certain limitations on
movement may be applied in the interest of public order and health.
c. Refugees shall be granted treatment which is at least as favorable as that
granted to nationals in the exercise of basic rights, such as freedom of
association, freedom of religion, access to elementary education, public relief,
access to courts, property rights, and housing.
d. No one shall be returned to a country in which his or her life or freedom would be
threatened or where he or she would be persecuted or to a third country likely to
return the refugee to such a country.
e. Refugees unlawfully within the territory of a state, who have come directly from a
country of persecution and who present themselves without delay to the
authorities, shall not be penalized.
f. Refugees coming directly from a country of persecution shall not be refused at
least temporary entry.
g. Refugees lawfully in the territory of a State have the right to freedom of
movement and residence.
h. Refugees lawfully within the territory shall be granted travel documents and
identity papers.
i. Persons seeking asylum shall be informed of the necessary procedures,
provided with the necessary facilities to do so, and allowed to remain pending a
final decision.
 j. No refugee shall be expelled, except on grounds of national security or public
order and only on the basis of a decision reached in accordance with due
process of law.
k. Before expulsion, a refugee shall be given an opportunity to offer evidence, to be
represented, and to appeal to a higher authority.
International Standards for Nonnationals:
a. Nonnationals include foreigners and stateless persons.
b. Nonnationals are lawfully within the territory if they have entered in accordance
with the legal system or if they possess a valid residence permit.
c. Nonnationals lawfully within the territory are entitled to all human rights, except
certain political rights.
d. Nonnationals have the same right to leave and to emigrate as nationals.
e. Nonnationals lawfully within the territory who have close attachments to the state
and view it as their own, (who have created a home, who were born in the state,
or who have resided in the state for a long time), shall not be expelled.
f. Other nonnationals lawfully within the territory may be expelled only if decided by
law, if the decision is not arbitrary or discriminatory, and if
g. procedural guarantees have been afforded. Procedural guarantees for expulsion
include the right to be heard, the right to review by a competent authority, the
right to representation, the right to appeal to a higher authority, the right to
enjoyment of full facilities to pursue a remedy, the right to remain pending an
appeal, and the right to be informed of available remedies.
h. Exceptions for some procedural guarantees may be allowed but only for
compelling reasons of national security, such as political or military threats to the
whole nation.
i. Collective or mass expulsions are prohibited.
j. The spouse and minor dependent children of a nonnational lawfully in the
territory must be admitted to join the nonnational.
k. All nonnationals must be free to communicate with their consulate or diplomatic
mission.
l. Nonnationals who are expelled should be permitted to depart to any country that
accepts them and may not be sent to a country where their human rights would
be violated.
Guidelines for Law Enforcers:
a. Be alert to any evidence of xenophobic or racist activity in your duty area.
b. Cooperate closely with immigration authorities and social agencies assisting
refugees and nonnationals.
c. In areas with high immigrant concentrations, reassure residents of their right to
seek police protection and assistance without fear of being deported.
d. Remind colleagues that unlawfully present nonnationals are not criminals or
criminal suspects solely by virtue of their immigration status.
e. Provide visible security for refugee shelters and camps,
f. Issue clear orders on the special vulnerability and protective needs of refugees
and nonnationals.
g. Develop cooperative schemes with community representatives to combat racist
and xenophobic violence and intimidation.
h. Organize foot patrols for areas of high refugee concentration and consider
establishing police substations in such areas.
i. Establish special units with the necessary legal training, linguistic skills, and
social skills to work with terms of reference focusing on protection rather than on
enforcement of immigration laws.
j. Police agencies charged with border control and immigration law enforcement
should provide specialized training in the rights of refugees and nonnationals and
in procedural guarantees afforded to such groups.
k. Liaise closely with social agencies providing support services to refugees and
nonnationals in need.
Victims
There are two types of victims that may be useful in the context of human rights.
One is victims of crime and the other is victims of human rights violations. Victims of
crime are persons who, individually or collectively, have suffered harm, including
physical or mental injury, emotional suffering, economic loss, or substantial
impairment of their fundamental rights through acts or omissions that are in violation
of criminal laws operative within the state, including laws proscribing criminal abuse
of power. On the other hand, victims of human rights violations are persons who,
individually or collectively, have suffered harm, including physical or mental injury,
emotional suffering, economic loss, or substantial impairment of their fundamental
rights through acts or omissions that are in violation of internationally recognized
human rights norms.
There are three contact situations on a victim: they are direct contact with the
victim, monitoring police handling of victims and advising to local police in handling
victims. Law enforcers must be sensitive to the needs of victim and must treat said
needs with confidentiality, especially for sensitive crimes, and ensure the safety of
the victim at all times.
Human Rights of Victims
 All victims of crime, abuse of power, or human rights violations shall be
treated with compassion and respect and shall have access to mechanisms
of justice and prompt redress.
 Redress procedures shall be expeditious, fair, inexpensive, and accessible.
Victims shall be informed of their rights in seeking redress and protection and
their role in formal proceedings, the scope, timing, and progress of
proceedings, and the disposition of their cases.
  Victims must be allowed to present their views and feelings on all matters
where their personal interests are affected. Thus, they shall receive all
necessary legal, material, medical, psychological, and social assistance and
shall be informed of its availability.
 Inconvenience to victims shall be minimized in the handling of their cases.
Their privacy and safety must be ensured. Delay in the handling of victims'
cases shall be avoided and the victim must be indemnified of any damage.
The government may make restitution for any faults caused by their public
officials and employees. Financial compensation should be made available
from the offender or if not available, from the state.
Police Command and Management
Law enforcement officials shall at all times fulfill the duty imposed on them by
law, by serving the community and by protecting all persons against illegal acts,
consistent with the high degree of responsibility required by their profession. They
shall not commit any act of corruption and rigorously oppose and combat all such
acts.
Every law enforcement agency shall be representative of and responsive and
accountable to the community as a whole. The recruitment, hiring, assignment, and
promotions policies of police agencies shall be free from any form of unlawful
discrimination.
Law enforcers must maintain clear, complete, and accurate records on
investigations, arrests, detention, the use of force and firearms, victim assistance,
and all aspects of police activity. As such, training and clear guidelines shall be
made available on all aspects of police activity affecting human rights to serve as
guide in the performance of their duties.
Police agencies must provide adequate training for the differentiated use of force
and adopt proper methodologies, such as but not limited to reporting and review by
superior officials on any use of force or firearms by the law enforcement agent.
Superior officials shall be held responsible for the actions of police under their
command if the superior knew or should have known of abuses but failed to take
action. On the other hand, officials who refuse unlawful superior orders shall be
given immunity. The police are not precluded from adopting and developing
strategies that are effective, lawful, and respectful of human rights.
Community Policing
The community as an essential pillar of the criminal justice system also plays an
important role in law enforcement. The policies on human rights recognize this role.
Thus, there is a need to establish a partnership between the police and the
community not only in crime prevention but also in crime detection. The law
enforcement, together with the community, must adopt a community relations policy
 and plan of action. All sectors must be involved and the police must learn the
diversity cultures of each community. Public information and public dissemination
through community outreach programs is recognized as a mode of reaching out to
the community. In some countries, law enforcement agencies assign officers to a
neighborhood beat. The community must be actively involved in identifying problems
and concerns through the use of creative problem-solving approach to the
development of responses, including the adoption of nontraditional tactics and
strategies. The community is also expected to coordinate its policies, strategies, and
activities with other government and nongovernment organizations and agencies.
Police Violations
It is a basic principle that law enforcement officials shall respect and protect
human dignity and shall maintain and uphold the human rights of all persons. Law
enforcement agencies shall be accountable to the community as a whole. Effective
mechanisms shall be established to ensure internal discipline and external control as
well as the effective supervision of law enforcement officials. Superior officers shall
be held responsible for abuses if they knew or should have known of their
occurrence and did not take action. But law enforcers must receive immunity from
prosecution or discipline for refusing unlawful superior orders. Obedience to superior
orders shall not be a defense for violations committed by police.
Law enforcement officials who have the reason to believe that a violation has
occurred or is about to occur shall report the matter. On the other hand, provision
shall be made for the receipt and processing of complaints against law enforcement
officials by members of the public, and the existence of these provisions be
publicized. Investigations into violations shall be prompt, competent, thorough, and
impartial.
Investigations shall seek to identify victims; to recover and preserve evidence; to
discover to discover cause, manner, and time of the violation; and to identify and
apprehend perpetrators. Crime scenes shall be carefully processed.
Summary
Human rights are one of the most pressing issues faced by the Philippine
National Police today. Alleged human rights violations by erring police personnel had
made discussions about human rights a source of discomfort within police circles. Some
even dismissed human rights as a propaganda tool used by enemies of the state to
denounce the police and the military. Little did they know that policing gives life to
human rights, meaning that the police make decisions that either affirm or deny the
human rights of individuals.
The truth is, police officers perceive human rights as an obstacle to, rather than
as the foundation of, their work. Thus, at this early stage, human rights training must be
offered during tertiary education to instill in the students' minds that human rights are
and should always be at the back of their minds whenever engaged in active law
enforcement. It is a good thing that the Commission on Higher Education included the
study of Human Rights Education as part of the curriculum of the Bachelor of Science in
Criminology program under the CHED Memorandum Order No. 05 s. 2018.
For many, police are the most visible state representatives and those with whom
citizens are most likely to come into contact. They therefore represent the government
in action. The police may, thus, influence the citizens' overall opinions on and
perspectives of government as a whole, with their actions strengthening or weakening
the public support necessary to sustain a viable democracy. Thus, "all PNP personnel
shall respect the human rights and dignity of the suspect(s) during police operations."
This is one of the two functions of a police officer as enunciated by the PNP Operations
Manual.
If understood in the proper context, the promotion and protection of human rights
are at the very core of policing. The enforcement of laws and the maintenance of peace
and order are, first and foremost, about protecting the rights of citizens. For example,
police patrol the streets to deter criminals from committing robbery or theft. These
crimes violate another person's right to property ownership. Or whenever a police
checkpoint is set up, it is essentially about promoting the community's right to have a
safer place to work or live in-and not just about establishing a security cordon.
From a strictly legal standpoint, human rights violations can only occur because
of state actions or omissions toward individuals. One person's actions an act of murder,
violates the law and not human against another, for example, rights But if a state by its
act or omission resulted to the murder of a person, it has much different human rights
consequences than the same murder committed by a private person.
At its best, policing is a noble undertaking, protecting, defending, reassuring
calming, and restoring the social order as well as the dignity of individuals-victims,
offenders, and the community-at-large. At its worst, policing eschews democratic
principles, rather favoring brute and indiscriminate force, ultimately trampling human
rights.
The state's obligation to protect, respect, and fulfill human rights is
constitutionally entrenched. In furtherance of its obligation to fulfill, the Congress is duty
bound to give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, among others.
At present, there are eight articles in the United Nations Code of Conduct for Law
Enforcement Officials, to wit: 1) always perform duties under the law; 2) respect and
safeguard human rights; 3) use of force only when strictly necessary; 4) respect
confidentiality; 5) never inflict any act of torture or ill-treatment; 6) safeguard the health

of all those in custody; 7) never commit any act of corruption; and 8) respect the law
and this code.
 In the Philippine National Police, they adopted the following doctrines, policies,
and issuances concerning human rights: First, the PNP Ethical Doctrine states that "all
members of the Philippine National Police shall serve with utmost responsibility,
integrity, morality, loyalty, and efficiency with due respect to human rights and dignity as
hallmarks of a democratic society." Also, PNP Code of Professional Conduct and
Ethical Standards expressly cites respect for human rights as a high standard that must
be maintained during the performance of police duties. Letter of Instructions No. 55/07
also states that "members of the Philippine National Police shall embrace the highest
principles of the Universal Declaration of Human Rights." It also emphasizes that
respect for human rights and dignity shall apply to everyone including all members of
the police service, regardless of education, gender, religion, political beliefs, and all
other types of status.
As the saying goes, "A right is not what someone gives you; it's what no one can
take from you."
 UNIT IV:
THE PHILIPPINE CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS
Overview
This unit deals with the five pillars of the Philippine Criminal Justice System
(PCJS) and the relevant human rights that are part and parcel thereof. All aspects of
PCJS are thoroughly discussed, the necessary steps are included, and relevant
learnings thereof are elaborated.
Also, salient matters on each human right are talked about in this unit. These
rights are vital to your knowledge as criminology students, apart from their necessary
ramifications, effects, as well as their essential principles and concepts.
In the end, you will realize that human rights exist and are integral to the pillars of
the PCJS and very vital to your learnings on the whole subject of human rights
education.
LESSON 1:
INTRODUCTION TO THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE
SYSTEM
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. understand the concepts and principles of the Philippine Criminal Justice
System;
2. determine the institutional framework of the five pillars of the Philippine Criminal
Justice System and their interrelationship; and
3. know a brief summary of the formal legal protection system of the Philippines.
DEFINITION OF TERMS

 Criminal Justice Encompasses a chain of events, activities, tasks, or functions

that constitute the official response to perceived problems of law and order,
which includes the following: crime prevention, and crime reduction; the arrest
and prosecution of suspects; the hearing of criminal cases by the courts;
sentencing, administration, and enforcement of court orders; parole and other
forms of license for prisoners; and work with offenders and ex-offenders in
 prison or in the community

Philippine Criminal Justice System - System or process in the community by which

crimes are investigated and the persons suspected thereof are taken into custody,
prosecuted in court, and punished, and if found guilty, provisions being made for their
correction and rehabilitation.
Introduction
The term "criminal justice" encompasses a chain of events, activities, tasks, or
functions that constitute the official response to perceived problems of law and order,
which includes the following: crime prevention and crime reduction; the arrest and
prosecution of suspects; the hearing of criminal cases by the courts; sentencing,
administration, and enforcement of court orders; parole and other forms of license for
prisoners; and work with offenders and ex-offenders in prison or in the community. In
this lesson, we will look closely at the basic principles, concepts, and frameworks of the
criminal justice system in the Philippine setting.
Overview of the Philippine Criminal Justice System
In the Philippines, the "criminal justice system" consists of the system of courts,
including the barangay justice system, the informal justice system implemented through
practice particularly by indigenous communities, and the quasi-judicial bodies
empowered by law to perform adjudicatory functions; the systems for law enforcement
and prosecution which involve investigating, apprehending, and prosecuting those who
could not be deterred from violating the law and the rules of the society; the system of
corrections and rehabilitation or the means of rehabilitating offenders and returning
them to the community as law-abiding citizens; and the community which collectively
imposes limitations on individual behavior of citizens for the common good of civilized
and democratic society that deters criminality and criminal behavior (The Supreme
Court of the Philippines, n.d.; United Nations Development Programme, 2006).
Plainly, the Philippine Criminal Justice System or PCJS can be defined as a
system or process in the community by which crimes are investigated, and the persons
suspected thereof are taken into custody, prosecuted in court, and punished, and if
found guilty, provisions are being made for their correction and rehabilitation.
Types of Crimes Within the PCJS
There are about 18 types of crimes as specified in the penal code and other laws:
a. for under special laws, such as carnapping, hijacking, and plunder Crimes
against national security and law of nations
b. Crimes against the fundamental laws of the state
c. Crimes against public order
d. Crimes against public interest
 e. Crimes related to opium and prohibited drugs (as amended by R.A. No. 6245)
f. Crimes against public morals
g. Crimes committed by public officers
h. Crimes against persons
i. Crimes against personal liberty and security
j. Crimes against property
k. Crimes against chastity
l. Crimes against civil status of persons
m. Crimes against honor
n. Quasi-judicial offenses
o. Special crimes as provided
p. Violations of city and municipal ordinances
q. Crimes handled by special courts, such as corporate crimes, heinous crimes,
intellectual property rights violations, and violation of forestry laws
r. Crimes under the jurisdiction of the barangay justice system
There is no formally established common and operational classification of crimes
within the criminal justice system other than that provided for in the penal code and
other crime legislation. Thus, any other act not covered under any of the
aforementioned categorization of crimes cannot be punishable by law. Nullum crimen
nulla poena sine lege.
Institutional Framework of the Five Pillars of the PCJS; Summary of Func tion and
Composition
Other countries have only three or four pillars of the criminal justice, but the
PCJS is composed of five pillars with the inclusion of the community among the pillars.
(See Figure 4.1)

In the Philippines, the responsibility for the criminal justice system is primarily on
the national government with local governments performing supportive roles.
 Law Enforcement
Function. Law enforcement involves prevention of the commission of crime and the
protection of the life, liberty, and properties of citizens. The national government plays
the primary role in law enforcement, particularly in policing.
Composition. Composed of five major law enforcement agencies, such as the
Philippine National Police (PNP), National Bureau of Investigation (NBI), Philippine Drug
Enforcement Agency (PDEA), Bureau of Immigration and Deportation (BID), and
Bureau of Customs (BOC).
Prosecution
Function. The prosecution pillar conducts preliminary investigation of cases filed in the
prosecutors' offices and prosecutes cases filed in the court against alleged offenders
after probable cause has been established.
Composition. Composed primarily of two national government agencies, the National
Prosecution Service (NPS), an organic unit of the Department of Justice, and the Office
of the Ombudsman.
Judiciary
Function. Judicial power is vested in the judiciary. The judiciary pillar adjudicates cases
and renders judgment.
Composition. The Philippine judiciary is a four-tiered court system consisting of the
Supreme Court as the highest court of the land; the intermediate courts consisting of the
Court of Appeals, Sandiganbayan, and Court of Tax Appeals; the second-level courts,
which consist of regional trials courts; and the first-level courts comprising of the
metropolitan trial courts, municipal trial courts in cities, municipal trial courts, and
municipal circuit trial courts.
Correction
Function. Correction, inmate welfare and development, rehabilitation, jail/prison
management, and reintegration.
Composition. It is composed of two major and equally significant components: (i) the
institution-based and (ii) the community-based corrections. The institution-based
corrections are composed of prisons and jails administered by the Bureau of
Corrections of the DOJ, the Bureau of Jail Management and Penology of the DILG, and
the local government units with regard to provincial and sub-provincial jails. Community-
based corrections pertain to probation and parole. The Bureau of Pardons and Parole is
authorized by law to grant parole to qualified prisoners, whereas the Parole and
Probation Administration (PPA) of the DOJ administers the probation and parole
systems in the Philippines.
Community
Function. The community pillar collectively imposes limitations on individual behavior of
citizens that deter criminality and criminal behavior for the common good of civilized and
democratic society.
Composition. Composed of the nongovernment organizations (NGOs), civil society
organizations (CSOs), Commission on Human Rights (CHR), Department of Social
Welfare and Development (DSWD), schools/universities, and church/religious groups.
Interrelationship Among the Five Pillars of the PCJS
Figure 4.2 depicts the interrelationship among the five pillars of the PCJS.

Given that the pillars operate in just one system, the efficiency and effectiveness.
of one can easily be hampered by the inefficiency and incompetence of the other,
notwithstanding the fact that they function separately.
Acknowledging that each pillar depends on the other, it cannot be stressed
enough that for the PCJS to be effective, coordination between and among the different
pillars must be strengthened.
A stronger PCJS will, undoubtedly, not only result in a safer and more just
society but also inevitably contribute to the economic development of the country. This
is because it is believed that there exists a link between economic development and
"amenities" such as low crime rate.
The Formal Legal Protection System
As aforementioned, the criminal justice system is the mechanism that the society
uses to maintain social control or enforce the standards of conduct necessary. to protect
individuals and the community. This system operates through the pillars. of the justice
system, which starts with discovering of the commission of a criminal act; investigating,
identifying, and apprehending suspects; conducting preliminary investigation to
establish probable cause and prosecution in the courts; processing of the case in the
court; rendering of judgment; and serving of sentence and release after completion of
the sentence.
The PCJS adopts the prescribed and established criminal procedures, rules, and
regulations. Figure 4.3 depicts an overview of this procedure in accordance with the
Revised Rules on Criminal Procedure of the Rules of Court.

As can be gleaned, Figure 4.3 lists down the essential procedural steps in
criminal procedure, to wit: (1) police investigation; (2) preliminary investigation; (3)
issuance of the prosecutor's resolution; (4) filing of the information in court; (5) arrest of

the accused and posting of bail; (6) arraignment; (7) pre-trial; (8 trial; and (9)
promulgation of judgment.
Salient Points of the Procedural Steps
Police Investigation
Important. Police investigation is done motu proprio or upon filing of complaint in the
police station. Investigation is undertaken through surveillance, interview of persons
with knowledge of facts directly or indirectly connected with the offense (including the
suspects who consent to be questioned), entrapment operations, search and seizure
and arrest, interrogation of suspects in police custody, and gathering of physical
evidence on the case. The police report is prepared, and a case is filed with the
prosecutor's office within the geographical jurisdiction.
Relevant Procedural Rules: Arrest and Warrantless Arrests (Rule 113 of the Rules of
Court); Rules on Custodial Investigation (Article III, Section XII of the 1987 Constitution)
No person may be taken into custody except only by virtue of a warrant of arrest
issued by a competent court. (Rule 113, Rules of Court)
Arrest without warrant by a peace officer or a private person may only be allowed
under the following circumstances specified in the Rules of Court:
(a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
(b) When an offense has in fact just been committed, and he has personal
knowledge of facts indicating that the person to be arrested has
committed it, 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
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another. (Sec. 5, Rule 113,
Rules of Court)
Upon arrest, the alleged offender or perpetrator is detained at a police lockup for
custodial investigation. By custodial investigation, we mean questioning initiated by law
enforcement officers after a person has been taken into custody or otherwise deprived
of his freedom of action in any significant way. (People v. Basay, G.R. No. 86941,
March 3, 1993)
Due to the inherently coercive atmosphere of custodial investigation, the 1987
Constitution provided safeguards to ensure the rights of the person under investigation,
as follows:
"Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of
counsel, he must be provided with one. These rights cannot be waived except in writing
and in the presence of counsel."
Preliminary Investigation
Important. A preliminary investigation is an inquiry or proceeding to determine whether
or not there is sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof and should be held for trial
(Section 1, Rule 112, Rules of Court)
Relevant Procedural Rules: Preliminary Investigation (Rule 112 of the Rules of Court),
Rules on Inquest (Article 125 of the Revised Penal Code, As Amended)
Except in cases of lawful arrest without warrant, a preliminary investigation is
required to be conducted before the filing of a complaint or information for an offense
where the penalty prescribed by law is at least four years, two months, and one day
without regard to the fine. (Section 1, Rule 112, Rules of Court)

In Arula v. Espino, (No. L-28949, June 23, 1969, 28 SCRA 540, 592), the Court
rendered the three purposes of a preliminary investigation, to wit:
(1) To inquire concerning the commission of a crime and the connection of the
accused with it, in order that he may be informed of the nature and character of the
crime charged against him, and, if there is probable cause for believing him guilty, that
the state may take the necessary steps to bring him to trial;
(2) To preserve the evidence and keep the witnesses within the control of the
State; and
(3) To determine the amount of bail, if the offense is bailable. The officer
conducting the examination investigates or inquiries into facts concerning the
commission of a crime with the end in view of determining whether an information may
be prepared against the accused.
The determination of the existence of probable cause lies within the discretion of
the public prosecutor after conducting a preliminary investigation upon the complaint of
an offended party. Probable cause for purposes of filing a criminal information is defined
as such facts as are sufficient to engender a well-founded belief that a crime has been
committed and that the respondent is probably guilty thereof. A finding of probable
cause needs only to rest on evidence showing that more likely than not a crime has
been committed and that it was committed by the accused. Probable cause, although it
requires less than evidence justifying a conviction, demands more than bare suspicion.
(Callo-Claridad v. Esteban, et al., G.R. No. 191567, March 20, 2013)
An inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the benefit
of a warrant of arrest issued by the court for the purpose of determining whether or not
said persons should remain under custody and correspondingly be charged in court.
Under Article 125 of the Revised Penal Code, as amended, the inquest
proceedings must be terminated within the prescribed periods prescribed, to wit:
(1) 12 hours, for or offenses punishable by light penalties, or their equivalent;
 (2) 18 hours, for crimes or offenses punishable by correctional penalties, or their
equivalent; and (3) 36 hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent.
Issuance of Resolution
Important. The finding of probable cause is contained in a document called a If the city
or provincial prosecutor approves of the resolution, then the proper information is filed in
the proper court. If the imposable penalty is below six years, then the case is filed with
the municipal trial court. If the imposable penalty is more than six years, then the case is
filed with the regional trial court.
Filing of Information in Court
Important. Upon approval of the resolution, proper information is filed in the proper
court. The information is a formal accusation or charge against a person who is believed
to have committed the crime. If the imposable penalty is below six years, then the case
is filed with the municipal trial court. If the imposable penalty is more than six years,
then the case is filed with the regional trial court.
Arrest and Posting of Bail
Important. As previously stated, probable cause for the issuance of a warrant of arrest
is the existence of such facts and circumstances that would lead a reasonably discreet
and prudent person to believe that an offense has been committed by the person
sought to be arrested.
Relevant Procedural Rules: Arrest (Rule 113 of the Rules of Court), Bail (Rule 114 of
the Rules of Court)
As aforementioned, the judge determines whether or not a warrant of arrest
should be issued against the accused. Before issuing a warrant arrest, the judge must
satisfy himself that based on the evidence submitted, there is sufficient proof that a
crime has been committed and that the person to be arrested is probably guilty thereof.
(Rule 113, Rules of Court)
On the other hand, bail is the security given for the release of a person in custody
of the law, furnished by him or a bondsman to guarantee his appearance before any
court. Bail may be given in the form of corporate surety, property bond, cash deposit, or
recognizance. Bail cannot be posted before custody of the accused has been acquired
by the judicial authorities by his arrest or voluntary surrender. (Rule 114, Rules of Court)
Arraignment
Important. Arraignment is the means of bringing the accused into court and
informing him or her of the nature and cause of the accusation against him or her.
During arraignment, the accused is made fully aware of possible loss of freedom of life.
The accused is informed why the prosecuting arm of the state is mobilized against him
or her. Thus, it is necessary in order to fix the identity of the accused to inform him or
her of the charge against him or her and to provide him or her the opportunity to plead.
Relevant Procedural Rule: Arraignment and Plea (Rule 116, Rules of Court)
The accused must be arraigned before the court where the complaint or
information was filed or assigned for trial. The arraignment shall be made in open court
by the judge or clerk by furnishing the accused with a copy of the complaint or
information, reading the same in the language or dialect known to him or her, and
asking him or her whether he or she pleads guilty or not guilty. The prosecution may call
at the trial witnesses other than those named in the complaint or information. The
accused must be present at the arraignment and must personally enter his or her plea.
Both arraignment and plea shall be made of record, but failure to do so shall not affect
the validity of the proceedings. When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be entered for him or her. When the accused
pleads guilty but presents exculpatory evidence, his or her plea shall be deemed
withdrawn and a plea of not guilty shall be entered for him or her. (Section 1, Rule 116,
Rules of Court)
Pre-Trial
Important. Pre-trial is mandatory in criminal cases.
Relevant Procedural Rule: Pre-Trial (Rule 118 of the Rules of Court)
In all criminal cases cognizable by the Sandiganbayan, regional trial court,
metropolitan trial court, municipal trial court in cities, municipal trial court and municipal
circuit trial court, the court shall, after arraignment, order a pre-trial conference to
consider the following:
a) Plea bargaining:
b) Stipulation of facts;
c) Marking for identification of evidence of the parties;

d) Waiver of objections to admissibility of evidence;

e) Modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
f) Such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case. (Section 1, Rule 118, Rules of Court)
After the pre-trial conference, the court shall issue an order reciting the actions
taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit
the trial to matters not disposed of, and control the course of the action during the trial,
unless modified by the court to prevent manifest injustice. (Section 4, Rule 118, Rules of
Court)
Trial and Promulgation of Judgment
Important. The present rules mandate a continuous trial as governed by the Revised
Guidelines for Continuous Trial in Criminal Cases. (A.M. No. 15-06-10-SC) As per the
guidelines, the court shall announce in open court and include in the order submitting
the case for decision the date of the promulgation of its decision, which shall not be
more than 90 calendar days from the date the case is submitted for decision, except
when the case is governed by Special Rules and other laws, which provide for a shorter
period.
Relevant Procedural Rule: Trial (Rule 119 of the Rules of Court); Judgment (Rule 120
of the Rules of Court)
Judgment is the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition on him of the proper penalty and civil liability, if
any. It must be written in the official language, personally and directly prepared by the
judge and signed by him and shall contain clearly and distinctly a statement of the facts
and the law upon which it is based. (Section 1, Rule 120, Rules of Court)
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. However, if the conviction is for a light
offense, the judgment may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside of the province or city, the judgment
may be promulgated by the clerk of court. (Section 6, Rule 120, Rules of Court)
Informal Norms of Protection and Alternative Modes of Resolution
In the Philippines, aside from the formal norms of protection as established by
procedural rules, there are informal norms of protection and alternative modes of
resolution, to wit:
1. The Local Government Code of 1991 created the Katarungan Pambarangay
System or Lupong Tagapamayapa to assist in the settlement of disputes arising
from potential litigants who reside in the same barangay, municipality, or city.
The following are its notable features:
a. Disputes are settled through mediation and conciliation precedent to court action
rather than through litigation and adjudications;
b. Conciliation is compulsory since it is a condition precedent to court action;
c. Lawyers are banned from the conciliation proceedings;
d. No cost or fees charged for services rendered in connection with the
proceedings; and
e. Conciliators are chosen and appointed by the barangay captain from among the
peers and neighbors of the disputants. (Local Government Code, 1991)

2. Republic Act 9285 of 2004 institutionalizes the use of an alternative dispute

resolution (ADR) system in the Philippines to promote party autonomy in the
 resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. Herein, the law defined ADR as any
process or procedure used to resolve a dispute or controversy, other than by
adjudication of a presiding judge of a court or an officer of a government agency,
in which a neutral third party participates to assist in the resolution of issues. It
includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or
any combination of these schemes. (R.A. No. 9285)
3. The 1987 Philippine Constitution provides that the state shall consider the
customs, traditions, beliefs, and interests of national cultural communities in the
formulation and implementation of state policies. (Art. XIV, Sec.17) In this light,
Republic Act 8371 or the Indigenous Peoples' Rights Act was passed,
recognizing the indigenous peoples' justice system and conflict resolution
institutions. While the systems among the indigenous peoples' justice systems
vary in approaches and methodologies, common to these traditional practices is
the participation of the community members in settling disputes.
4. Presidential Decree 1083 (P.D. No. 1083) provides for the codification of Muslim
Personal Laws and the establishment of a Shari'a justice system. By creating a
formal system for informal norms of justice, the uniqueness of thinking of Muslim
Filipinos to what is just and lawful in civil relationships is recognized by the state.
Criminality is however still within the ambit of the Revised Penal Code and other
Special Penal Laws and not within the ambit of the Shari'a justice system.
5. Quasi-judicial agencies of the executive department, although not considered
courts of justice, are empowered to hear and decide on cases provided by their
respective mandates. Examples of these agencies are the Civil Service
Commission, Securities and Exchange Commission, Land Registration Authority,
Social Security Commission, Energy Regulatory Board, National
Telecommunications Commission, and Department of Agrarian Reform.
Summary
In this lesson, we had a closer look at the concepts and principles of the
Philippine Criminal Justice System. We learned the types of crimes that fall within the
mantle of the criminal justice system and discussed the pillars of the Philippine Criminal
Justice System and their interrelationship. Finally, we discussed the salient points about
formal legal protection. As law enforcers, having a clear understanding of these
processes and frameworks will enable you to position yourselves-your tasks, roles, and
responsibilities-within the greater scheme of our justice system.
LESSON 2:
EXAMINING THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
Lesson Objectives
When you finish reading this lesson, you should be able to:
 1. understand each pillar of the PCJS; and
2. discuss the creation, composition, function, and other matters relevant to each
pillar of the PCJS.
DEFINITION OF TERMS

 Law Enforcement Agencies - Organizations and offices of the government that

enforce the laws or assist in the enforcement of the laws as mandated by the
law creating them

Introduction
In the previous lesson, we had an overview of the basic concepts and principles
of the Philippine Criminal Justice System. In this lesson, we will examine closely and in
detail the various pillars of the Philippine Criminal Justice System. As we discuss each
pillar one by one, reflect upon how each pillar connects with your role as future law
enforcers.
1. Law Enforcement Pillar
Law enforcement agencies are organizations and offices of the government that
enforce the laws or assist in the enforcement of the laws as mandated by the law
creating them. The law enforcement pillar serves as the front line of the encounter with
the criminals or those who threaten the social order. They are the arm of the
government charged with the enforcement of the law. They play a vital role in enforcing
the laws.
The Philippine National Police, the National Bureau of Investigation, the
Philippine Drug Enforcement Agency, and the National Police Commission, along
with 34 other agencies performing police functions, are the agencies spearheading the
law enforcement in the country. These agencies are generally tasked to prevent the
commission of crimes and maintain peace and order in the community.
A. Philippine National Police.
Under the R.A. No. 6975, the Philippine National Police (PNP) was established,
consisting of members of the police forces who were incorporated into the Integrated
National Police (INP) pursuant to Presidential Decree No. 765; the officers and enlisted
personnel of the Philippine Constabulary (PC); and the regular operatives of the
abolished NAPOLCOM Inspection, Investigation and Intelligence Branch.
Under the law, the following are its powers and functions, to wit:
1. Enforce all laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
 3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search, and seizure in accordance
with the Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by law,
informing the person so detained of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and explosives in accordance with
law;
7. Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies and to security guards and private
detectives, for the practice of their professions; and
8. Perform such other duties and exercise all other functions as may be provided by
law.

B. National Bureau of Investigation

The National Bureau of Investigation was created in 1936 with the enactment of
Commonwealth Act No. 181, as a Division of Investigation (DI) under the Department of
Justice. Under this law, its mandate was to serve warrants and subpoenas; to make
searches and seizures under legal warrants for violations of the laws of the Philippines;
and to make arrests without warrants for a crime committed in their presence or within
their view.
R.A. No. 157 repealed Commonwealth Act No. 181 and converted the Division
into the Bureau of Investigation with its functions expanded and the powers of its
investigating staff increased. Executive Order No. 94, issued on October 4, 1947,
renamed it to the presently known National Bureau of Investigation (NBI). NBI is tasked
mainly to:
1. Investigate crimes and other offenses against the laws of the Philippines, both on
its own initiative and as public interest may require;
2. Assist, when officially requested, in the investigation or detection of crimes and
other offenses;
3. Act as national clearing house of criminal records and other information, for use
of all prosecuting and law enforcement entities in the Philippines, of identification
records, of identifying marks, characteristics and ownership or possession of all
firearms and test bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of
the government, and courts which may ask for its services;
 5. Extend its services in the investigation of cases administrative or civil in nature in
which the government is interested;
6. Establish and maintain an up-to-date scientific crime laboratory, and conduct
researches in furtherance of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and
order; and
8. Undertake the instruction and training of a representative number of city and
municipal peace officers at the request of their respective superiors along
effective methods of crime investigation and detection in order to ensure greater
efficiency in the discharge of their duties.
C. Philippine Drug Enforcement Agency
The enactment of R.A. No. 9165 reorganized the Philippine drug law
enforcement system. The law created the Philippine Drug Enforcement Agency (PDEA)
under the Office of the President. The new law also abolished the National Drug Law
Enforcement and Prevention Coordinating Center, Philippine National Police-Narcotics
Group (PNP. NARGRP), National Bureau of Investigation-Narcotics Unit (NBI-NU), and
the Customs Narcotics Interdiction Office (CNIO). Personnel of these. abolished
agencies were to continue performing their tasks on detail service with the PDEA
subject to a rigid screening process.
The PDEA is the agency primarily tasked with the enforcement of R.A. No. 9165.
D. National Police Commission
The R.A. No. 6975, as amended, mandates the National Police Commission
(NAPOLCOM) to exercise administrative control and operational supervision over the
PNP. It is an attached agency to the Department of the Interior and Local Government
(DILG) for purposes of program and policy coordination. NAPOLCOM is a collegial body
composed of a chairperson and four regular commissioners. The DILG Secretary is the
ex officio chairperson of the commission and the PNP Chief is an ex officio member. At
present, NAPOLCOM has seven staff services in its central office and 17 regional
offices nationwide as follows: Planning and Research Services; Inspection, Monitoring
and Investigation Service; Crime Prevention and Coordination Service; Installations and
Logistics. Service; Legal Affairs Service; Personnel and Administrative Service; and
Financial Service. The Commission also has a formal administrative disciplinary
appellate machinery consisting of the National Appellate Board and the Regional
Appellate Boards.
Law Enforcement Pillar and Human Rights
The module released by the Office of the High Commissioner for Human Rights
(OHCHR) should always be followed in training new law enforcement officials. The use
of force or violence in responding or arresting an accused has always been an issue in
Philippine law enforcement agencies, and sometimes, these authorities use their power
excessively and for purposes other than protecting and preserving peace. Arresting an
individual is depriving him or her with his or her liberty, thus, affecting his or her human
rights. Arresting, therefore, should always be treated seriously and conducted legally. In
an investigation of an excuse, the law enforcement should always keep in mind that all
accused are entitled to the presumption of innocence, a fair trial, and respect to dignity
and privacy.
II. Prosecution Pillar
The prosecution pillar is tasked with the burden of prosecuting offenses. The
prosecution pillar is composed of the National Prosecution Service of the Department of
Justice, the Public Attorney's Office, and the Office of the Ombudsman.
A. The National Prosecution Service - Department of Justice
The National Prosecution Service (NPS) is mandated to assist the Secretary of
Justice in the performance of powers and functions of the Department relative to its role
as the prosecution arm of the government, particularly the investigation and prosecution
of criminal offenses. The said mandate and present NPS organization are contained in
the P.D. No. 1275, as amended and the E.O. No. 292, Administrative Code of 1987.

B. The Public Attorney's Office

The principal free legal aid office of the Philippine government is the Public
Attorney's Office (PAO). R.A. No. 9406 was signed into law and provided for the
upgrading of salaries and allowances for public attorney’s equivalent to their counterpart
in the National Prosecution Service.
Aside from handling criminal and civil cases, PAO lawyers are likewise mandated
to handle: (1) preliminary investigation of cases before the Office of the Public
Prosecutor; (2) labor cases before the National Labor Relations Commission; and (3)
administrative cases before administrative bodies like DARAB, PRC, COMELEC,
Bureau of Customs, DepEd, PLEB, and Insurance Commission.
C. Office of the Ombudsman
The Office of the Ombudsman is vested with the power to investigate complaints
against a public officer or officer on its own initiative, even without a formal complaint
lodged before it. It can inquire into acts of government agencies and public servants
based on reports in the media and those which come to the Ombudsman's attention
through sources other than a complaint.
III. Courts Pillar
 The courts pillar is the entity to which administration of justice is lodged. It is
where judicial power is vested. Judicial power shall be vested not only in the Supreme
Court but in such lower courts as may be established by law. The Supreme Court is the
only constitutional court or the court established by virtue of the 1987 Constitution. All
the lower courts are created via statutes.
Under Sec. 1, Art. VIII of the 1987 Constitution, the courts pillar is mandated to
settle actual controversies involving rights, which are legally demandable and
enforceable.
The Philippine Judiciary consists of four levels:
(1) The Supreme Court (SC);
(2) The Intermediate courts consisting of the Court of Appeals (CA),
Sandiganbayan (SB), Court of Tax Appeals (CTA), and the Shari'a Appellate Courts;
(3) The second-level courts composed of regional trial courts (RTCs) and Shari'a
district Courts; and
(4) The first-level courts composed of the metropolitan trial courts (MeTCs),
municipal trial courts in cities (MTCCs), municipal trial courts (MTCS), municipal circuit
trial courts (MCTCs), and Shari'a circuit courts.

A. The Supreme Court of the Philippines

The Supreme Court (SC) shall be composed of a chief justice and 14 Associate
Justices,
An SC Justice:
(1) should be a natural-born citizen of the Philippines;
(2) should be at least 40 years of age;
(3) must have been a judge of a lower court or engaged in the practice of law in
the Philippines for 15 years or more; and
(4) should be a person of proven competence, integrity, probity, and
independence.
An SC justice is appointed by the president from a list of at least three nominees
prepared by the Judicial and Bar Council. Appointments need no confirmation. Also, an
SC justice holds office during good behavior until he or she reaches the age of 70 years
or becomes incapacitated to discharge the duties of his or her office.
B. The Court of Appeals
 The Court of Appeals (CA) consists of a presiding justice and 68 associate
justices. A CA justice:
(1) should be a natural-born citizen of the Philippines; (2) should be at least 40
years of age;
(3) must have been a judge of a court of record for at least 10 years or have
been in active actual practice of law before the civil courts for the same period; and
(4) should be a person of proven competence, integrity, probity, and
independence.
A CA justice is appointed by the president from a list of at least three nominees
prepared by the Judicial and Bar Council. Also, these appointments need no
confirmation. A CA justice shall hold office during good behavior until he or she reaches
the age of 70 years or becomes incapacitated to discharge the duties of his or her
office.
The CA exercises its powers, functions, and duties through 23 divisions, each
composed of three members. The court sits end banc for the purpose of exercising
administrative, ceremonial, or other non-adjudicatory functions.
C. The Regional Trial Courts (RTCs)
An RTC Judge should:
1. be a natural-born citizen of the Philippines;
2. be at least 35 years of age;

3. be engaged in the practice of law in the Philippines or have held a public

office in the Philippines requiring admission to the practice of law as an
indispensable requisite for at least 10 years; and
4. be a person of proven competence, integrity, probity, and independence.
An RTC judge is also appointed by the president from a list of at least three
nominees prepared by the Judicial and Bar Council.
D. The Metropolitan/Municipal/Municipal Circuit Trial Court/Municipal Trial
Courts in Cities
A metropolitan trial court (MeTC) shall be created in each metropolitan area
established by law. A municipal trial court (MTC) or municipal trial court in cities (MTCC)
shall be created in each of other cities or municipalities. A municipal circuit trial court
(MCTC) in each circuit comprising such cities and/or municipalities are grouped
together pursuant to law.
An MeTC/MTC/MCTC/MTCC judge should:
 (1) be a natural-born citizen of the Philippines;
(2) be at least 30 years of age;
(3) be engaged in the practice of law in the Philippines or have held a public office in
the Philippines requiring admission to the practice of law as an indispensable requisite
for at least five years; and
(4) be a person of proven competence, integrity, probity, and independence.
An MeTC/MTC/MCTC/MTCC judge shall hold office during good behavior until he or
she reaches the age of 70 years or becomes incapacitated to discharge the duties of his
or her office.
E. The Shari'a District Courts
The Shari'a district courts are courts of limited jurisdiction, which shall exercise
powers and functions in accordance with the P.D. No. 1083. In addition to the
qualifications for judges of the regional trial court, the Shari'a judge should be learned in
Islamic law and jurisprudence, and should:
(1) be a natural-born citizen of the Philippines;
(2) be at least 25 years of age; and
(3) have passed Shari'a and Islamic jurisprudence exam.
A Shari'a judge is appointed by the president of the Philippines and shall be
appointed to serve during good behavior until he or she reaches the age of 65 years or
becomes incapacitated to discharge the duties of his or her office, unless sooner
removed for the same causes and in the same manner as ordinary RTC/MTC judges.
Courts Pillar and Human Rights
The pillar of the courts are the ones who execute the laws in the form of giving
justice to the victims and the accused. The victims are being protected by the court
through thorough investigations of the crime committed of the accused. On the other
hand, the court provides the accused a chance to prove his or her innocence through
judicial hearings, and he or she is treated as innocent until proven guilty. People are
being detained against their will, and spend their life behind bars, thus, compromising
their human rights to liberty and dignity. It has always been a problem that the country
faces with major crimes that include big names. The issue in this pillar is that due to
corruption, the innocents are proven guilty and the guilty become the innocent.
IV. Corrections Pillar
The correction pillar is composed of two major and equally significant
components: the institution-based and the community-based corrections,
 The institution-based corrections of prisons and jails that are concerned with
prisoners serving term of imprisonment, those under detention status, and those for
safekeeping in selected cases. The jails and prisons are administered by the Bureau of
Corrections of the DOJ, the Bureau of Jail Management and Penology of the
DILG, and the local government units with regard to provincial and sub-provincial
jails. The Philippine National Police likewise maintains detention facilities in its different
police stations nationwide.
Community-based corrections pertain to probation and parole. These are being
managed by the Parole and Probation Administration (PPA) of the DOJ.
PPA conducts a post-sentence investigation of petitioners for probation as
referred by the courts, as well as pre-parole/pre-executive clemency investigation for
those referred by the Board of Pardons and Parole to determine the suitability of the
offender to be reintegrated in the community instead of serving their sentence inside an
institution or prison.
PPA further supervises probationers, parolees, and conditional pardoners to
promote their rehabilitation and reintegration to the mainstream of society. It mobilizes
the community resources, especially through volunteer probation aides.
A. Bureau of Corrections (BuCor) - DOJ
The BuCor is the primary institution in the corrections pillar that provides full
custody and rehabilitation programs for the transformation of insular prisoners, those
sentenced to more than three years to capital punishment. The mandate of the BuCor is
to rehabilitate national prisoners.
Among the functions of the BuCor are the following:
(1) safe-keep prisoners convicted by the courts to serve sentence in prisons;
(2) keep prisoners from committing crimes while in BuCor's custody;
(3) provide inmates' basic needs as human beings;
(4) ensure that rehabilitation programs are made available to the inmates for their
physical, intellectual, and spiritual development; and
(5) develop livelihood programs to assist inmates earn a living and develop their
skills while in prison.
B. Bureau of Jail Management and Penology (BJMP) - DILG
The Bureau of Jail Management and Penology was created in 1991 to address
the growing concern of jail management and penology problem. Primarily, its clients are
detainees accused before a court who are temporarily confined in such jails while
undergoing investigation, awaiting final judgment, and serving sentence promulgated by
the court of imprisonment for three years and below.
 Under R.A. No. 6975, the BJMP is mandated to take operational and
administrative control over all city, district, and municipal jails.
The BJMP has four major areas of rehabilitation programs, namely Livelihood
Projects; Educational and Vocational Training; Recreation and Sports; and
Religious/Spiritual Activities. These are continuously implemented to eliminate the
offenders' pattern of criminal behavior and to reform them to become law-abiding and
productive citizens.
C. Parole and Probation Administration (PPA) - DOJ
The Parole and Probation Administration, previously called the Probation
Administration, was created by virtue of P.D. No. 968 to administer the probation
system.
Under E.O. No. 292, the PPA was given the additional function of supervising
prisoners who, after serving a part of their sentence, are released on parole or are
granted pardon with parole conditions.
D. Boards of Pardon and Parole
Originally called the Board of Indeterminate Sentence, the Board of Pardons and
Parole (BPP) was created under Act 4103, as amended, on December 5, 1933 to
implement the provisions of the Act, which provides for the indeterminate sentence and
parole for all persons convicted by the courts of certain crimes.
The BPP is specifically mandated to grant parole to qualified prisoners; recommend to
the president of the Philippines the grant of commutation of sentence, conditional
pardon, and absolute pardon to ex-convicts; and assist in the rehabilitation of parolees
and pardonees.
Corrections Pillar and Human Rights
Overcrowded and not enough budget for the improvement of the corrections in
the Philippines cause an effect on the human rights of the convicts of the corrections.
The inmates already lost their right to liberty, but because of the over-crowding of the
facilities, they also lose their rights to privacy. In some correctional facilities, the
inmates' experiences abuse from some correctional officers, and even though they
already lost their liberty by being detained, the dignity that they have are also being
compromised by being abused by the authorities. These are some of the issues against
human rights that are being faced by some of the inmates in the different correction
facilities.
V. Community Pillar
The community is considered the most important pillar of the PCJS. It is the
central institution of crime prevention, the stage in which all other pillars of criminal
justice system perform. The participation of the community, as one of the five pillars of
the PCJS, is crucial.
The community pillar collectively imposes limitations on individual behavior of
citizens that deter criminality and criminal behavior for the common good of civilized and
democratic society. Institutions such as the barangays, government agencies,
legislative bodies, the academe, and religious and civic organizations, among others,
are involved in this pillar.
The institutional agencies under the community pillar, to be discussed herein
include the Department of Social Welfare and Development, the Department of the
Interior and Local Government, the Commission on Human Rights, and the
National Commission on Indigenous Peoples.
A. of Social Welfare and Development (DSWD)
The DSWD aims to provide social protection and the promotion of the rights and
welfare of the poor, vulnerable, and disadvantaged individuals, families, and
communities, which will contribute to poverty alleviation and empowerment through
social welfare and development policies, programs, projects, and services implemented
with or through local government units, nongovernmental organizations, people's
organizations, government organizations, and other members of civil" society.
One of the goals of the DSWD is to provide preventive, protective, and
rehabilitative and developmental programs and services (Department of Social Welfare
and Development, n.d.).
The services rendered by the DSWD may be grouped into four: center-based
services; community-based services; residential care services; and social welfare
and development technologies.
B. Department of the Interior and Local Government (DILG)
The DILG is mandated under the law to promote peace and order, ensure public
safety, and further strengthen local government capability aimed toward the effective
delivery of basic services to the citizenry.
The DILG-Local Government Sector (DILG-LGS), as part of the community pillar,
plays an essential part in the development of the criminal justice system. One of its
goals is to improve the performance of local governments in governance,
administration, and social and economic development which contributes to providing
access to justice by the poor, especially women and children.
C. Commission on Human Rights (CHR)
Under Section 18, Article XIII of the Constitution, the Commission on Human
Rights (CHR) is mandated to have the following powers and functions, among others:
 (1) Investigate, on its own or on complaint by private party, all forms of human
rights violations involving civil and political rights;
(2) Provide appropriate legal measures for the protection of human rights of all
human beings within the Philippines and to provide for preventive measures and legal
aid services to the underprivileged whose human rights have been violated or who need
protection;
(3) Exercise visitorial powers over jails, persons, or detention facilities;
(4) Recommend to Congress effective measures to promote human rights and to
provide for compensation to victims;
(5) Monitor the Philippine government's compliance with its treaty obligations on
human rights; and
(6) Request assistance of any department, bureau, office, or agency in the
performance of its functions.
To achieve its mandate, the CHR has four programs: 1) human rights protection
program; 2) human rights promotion program; 3) human rights linkages development
and strategic planning; and 4) special projects on human rights. On human rights
protection, the CHR renders investigation and forensic services; legal services, which
include legal aid and counseling, conciliation, and mediation; human rights assistance;
and visitorial services.
D. National Commission on Indigenous Peoples (NCIP)
NCIP is the primary government agency that formulates and implements policies,
plans, and programs for the recognition, promotion, and protection of the rights and
well-being of Indigenous Peoples (IPs), and the recognition of their ancestral domains
and their rights to those domains.
The mandate of the organization is to protect and promote the interest and well-
being of the Indigenous Cultural Communities/Indigenous Peoples (ICCS/IPs) with due
regard to their beliefs, customs, traditions, and institutions.
The NCIP was created in 1997 under R.A. No. 8371. It works to achieve
technically sound and authentic titles, sustainable and culture sensitive plans,
responsive and culture-sensitive programs and projects, feasible and mission-driven
regulations, and expeditious and fair legal services. Whenever possible, it promotes IP
consultative mechanisms and bodies at the provincial, regional, and national levels.
Community Pillar and Human Rights
Community is the most important pillar in the Philippine criminal justice system. It
consists of the groups that are essential in implementing rules and laws of the
government and in protecting the human rights of every individual. But because of the
corruption that is widespread in the country not only in the government system but also
in the religious and private organizations, the process of achieving equal human rights
to all individual is not really clear. Budgets are being cut, the minds of the people are
being manipulated, and the services that the community really needs are being held by
the corrupt. With this, the right of individuals to have access to their basic needs as part
of them being humans and having human rights. are being compromised.
Summary
The Philippine criminal justice system or PCJS is defined as a system or process
in the community by which crimes are investigated and the persons suspected thereof
are taken into custody, prosecuted in court and punished, if found guilty, provisions
being made for their correction and rehabilitation. There are five pillars that are
important in the Philippine criminal justice system. These five pillars are: law
enforcement pillar, courts pillar, prosecution pillar, correctional pillar, and community
pillar. The law enforcement pillar includes agencies or organizations and offices of the
government that enforce the laws or assist in the enforcement of the laws, as mandated
by the law creating them. Courts pillar is the entity to which administration of justice is
lodged. where judicial power is vested. The prosecution pillar is tasked with the burden
of prosecuting offenses. The correctional pillar is composed of two major and equally
significant components: the institution-based and the community-based corrections. And
the community pillar is considered as the most important pillar of the PCJS. It is the
central institution of crime prevention, the stage on which all other pillars of criminal
justice system perform.

LESSON 3:
HUMAN RIGHTS IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM: RIGHT TO
DUE PROCESS, RIGHT AGAINST ILLEGAL SEARCHES AND SEIZURES, RIGHTS
OF SUSPECTS UNDER CUSTODIAL INVESTIGATION, AND RIGHT AGAINST
UNLAWFUL ARRESTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. discuss the rights to due process, right against illegal searches and seizures,
rights of suspects under custodial investigation, and right against unlawful
arrests; and
2. discuss the important principles, concepts, and matters relevant to these rights.
 DEFINITION OF TERMS

 Due Process - Guaranty against any arbitrariness on the part of the

government, whether committed by the legislative, the executive, or the
judiciary
 Custodial Investigation - Any questioning initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of his or her
freedom of action in any significant way
 Arrest - Defined as the taking of a person into custody in order that he or she
may be bound to answer for the commission of an offense

Introduction
I. Right to Due Process
Background
Due process a guaranty against any arbitrariness on the part of the government,
whether committed by the legislative, the executive, or the judiciary (Cruz, 2014). In
Dartmouth College v. Woodward (4 Wheaton 518), it was defined as a law that hears
before it condemns, which proceeds upon inquiry and renders judgment only after trial.
There are three human rights protected by the due process clause of the 1987
Constitution:
(1) the right to life;
(2) the right to liberty; and
(3) the right to property.
The essence of due process is the opportunity to be heard or an opportunity to
explain one's side or an opportunity to seek a reconsideration of the action or ruling
complained of. (Philippine Phosphate Fertilizer Corp. v. Torres, G.R. No. L-98050,
March 17, 1994) The due process clause protects all persons, natural as well as
artificial. The shelter of protection under the due process and equal protection clause is
given to all persons, both aliens and citizens. (Villegas v. Hiu Chong, G.R. No. L-29646,
November 10, 1978)
Substantive Due Process and Procedural Due Process
There are two aspects of due process: (1) substantive due process; and (2)
procedural due process. Substantive due process serves as a restriction on the
government's law and rule-making powers. It requires the intrinsic validity of the law in
interfering with the rights of the person to his or her life, liberty, or property (Cruz, 2014).
Procedural due process refers to the regular methods of procedure to be observed
before one's life, liberty of property can be taken away from him or her.
Procedural due process in a judicial proceeding entails the following:
1. There is an impartial court or tribunal clothed with judicial power to hear and
determine the matters before it;
2. Jurisdiction is properly acquired over the person of the defendant and over
property which is the subject matter of the proceeding;
3. The defendant must be given an opportunity to be heard; and.
4. The judgment was rendered upon lawful hearing and based on evidence
adduced. (Banco Español Filipino v. Palanca, G.R. No. L-11390, March 26,
1918)
Notably, the principle of due process encompasses the operative fact doctrine.
Under this doctrine, the law is recognized as unconstitutional, but the effects of the
unconstitutional law prior to the time it was declared a nullity may be left undisturbed as
a matter of equity and fair play. The doctrine is applicable when a declaration of
unconstitutionality will impose undue burden on those who have relied on the invalid law
(Suarez, 2015).
Importantly, due process serves as a limitation of the police power of the state.
To satisfy the due process requirement, an official action must not outrun the bounds of
reason and result in sheer oppression. Due process is thus hostile to any official action
marred by lack of reasonableness. (Ermita-Malate Hotel and Motel Operators v. City
Mayor of Manila, G.R. No. L-24693, July 31, 1967)

II. Right Against illegal Searches and Seizures

Background
The origin and history of the right clearly show that it was intended as a restraint
upon the activities of the sovereign authority and was not intended to be a limitation
upon other than government agencies. (People v. Marti, G.R. No. 81561, January 18,
1991)
This is a personal right that may be invoked only by the person whose right was
violated. This right may also be waived expressly or impliedly, but the waiver must be
done by the person whose right was invaded, not by one who is not duly authorized to
affect such waiver. (People v. Damaso, G.R. No. 93516, August 12, 1992)
 Searches and seizures become unreasonable if there is no valid search warrant
or warrant of arrest authorizing it. Thus, the fundamental protection by the search and
seizure clause is that between person and police must stand the protective authority of
a magistrate clothed with power to issue or refuse to issue search warrants or warrants
of arrest (Bernas, 2011).
Search Warrants
For a valid search warrant to issue, the following must be present: (1) existence
of probable cause; (2) determination of probable cause was done personally by
the judge; (3) personal examination under oath or affirmation of the complainant
and the witnesses he may produce; (4) personal knowledge of the complainant or
his witnesses of the facts; and (5) particular description of the place to be
searched and the persons or things to be seized.
Anent the first requisite, probable cause means such reasons, supported by facts
and circumstances, as will warrant cautious man in the belief that his actions, and the
means taken in prosecuting it, are legally just and proper. (Corro v. Lising, G.R. No.
69899, July 15, 1985) In Burgos v. Chief of Staff (G.R. No. L-64261, December 26,
1984), probable cause for the issuance of search warrants was defined as such facts
and circumstances that would lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the objects sought in connection with the
offense are in the place sought to be searched.
Anent the second requisite, it is required that the judge personally examine the
complainant and the witnesses in the form of searching questions and answers. In Silva
v. Presiding Judge RTC Negros Occidental (G.R. No. 81756, October 21, 1991), it was
stated that failure to comply with this requirement constitutes grave abuse of discretion.
Moreover, the said examination must be under oath, in writing, and the complainant and
witnesses must be examined on the facts personally known to them. Lastly, the judge
must attach to the record the sworn statements of the complainant and the witnesses
together with any affidavit submitted. (Sec. 4, Rule 126, Rules of Court)
A landmark case covering the second requisite is the case of Harvey. Defensor-
Santiago (G.R. No. 82544, June 28, 1988), whereby it was held that the determination
of probable cause by a judge does not extend to deportation proceedings. What was
essential was that there should be a specific charge against the alien intended to be
arrested and deported, that a fair hearing be conducted with the assistance of counsel,
if desired, and that charge be substantiated by competent evidence.
Anent the third requisite, the personal examination must not be merely routinary
or pro forma, but must be probing and exhaustive. The purpose of this rule is to satisfy
the examining judge as to the existence of the probable cause. (Roan v. Gonzales,
G.R. No. 71410, November 25, 1986)
Anent the fourth requisite, hearsay must not be allowed. It must not be based on mere
information or belief. Hearsay consists of those facts which a person derives not from
his own perception but from the perception of others. (Sec. 36, Rule 130, Rules of
Court)
Anent the fifth requisite, a description of the place to be searched is sufficient if
the officer with the warrant can, with reasonable effort, ascertain and identify the place
intended. Issues that may arise herein are the following: "scatter-shot warrants,"
"searches for fishing expedition," and the "fruit of the poisonous tree."
Scatter-shot warrants are those which are issued for more than one specific
offense. But a technical description is not required to be given. A search warrant may be
said to particularly describe the things to be seized when the description therein is as a
specific as the circumstances will ordinarily allow and by which the warrant officer may
be guided in making the search and seizure. (Bache & Co., Inc. v. Ruiz, G.R. No. L-
32409, February 27, 1917)
Searches for fishing expedition are prohibited. A search warrant is not a
sweeping authority empowering a raiding party to undertake a fishing expedition to
seize and confiscate any and all kinds of evidence of articles relating to a crime.
(People v. Nuñez, G.R. No. 109633, July 20, 1994) Under Sec. 3, Rule 126 of the Rules
of Court, the following personal properties are subject to search and seizure: (a) subject
of the offense; (b) stolen or embezzled and other proceeds, or fruits of the offense; or
(c) used or intended to be used as the means of committing an offense.
The fruit of the poisonous tree suggests that all evidence obtained in violation of
Sec. 2, Art. III of the 1987 Constitution, shall be inadmissible for any purpose or
proceeding. In Del Rosario v. People (G.R. No. 142295, May 31, 2001), seizure was
limited to those items particularly described in a valid search warrant. Searching officers
are without discretion regarding what articles they shall seize. Evidence seized on the
occasion of such an unreasonable search and seizure is tainted and excluded for being
the proverbial "fruit of the poisonous tree." In the language of the fundamental law, it
shall be inadmissible in evidence for any purpose in any proceeding.

Warrantless Searches and Seizures

Searches and seizures can only also be conducted validly without a warrant.
Philippine jurisprudence states several circumstances, to wit:
1. Searches of moving vehicles
Searches and seizures of vessels and aircraft for violations of customs laws have
been the traditional exception to the constitutional requirement because the vessel can
be quickly moved out of the locality or jurisdiction in which the search must be sought
before the warrant could be secured. (Hizon v. CA, G.R. No. 119619, December 13,
1996)
2. Body checks in airports
Sec. 9 of R.A. No. 6235 stated that the holder and his hand-carried luggage(s)
are subject to search for and seizure of prohibited materials or substance. Holder
refusing to be searched shall not be allowed to board the aircraft which shall constitute
a part of the contract between the passenger and the air carrier.
3. Stop and frisks
When there is a genuine reason to "stop-and-frisk" in light of the police officer's
experience and surrounding conditions, to warrant a belief that the person detained has
weapons concealed (Malacat v. CA, G.R. No. 123595, December 1, 1997
4. Inspection of buildings and other premises.
For the enforcement of fire, sanitary, and building regulations (Valeroso v. CA, G.R.
No. 164815, September 3, 2009) 5.
5. Consented warrantless searches
When the right itself has been voluntarily waived, then a valid search can be
conducted. (People v. Malasugui, G.R. No. 44335, July 30, 1936)
6. Incident to lawful arrests.
A person caught in flagrante delicto can be lawfully searched as an incident to a
lawful arrest, provided that the same is contemporaneous to the arrest and within the
permissible area of search. (Sec. 13, Rule 126, Rules of Court)
7. Visual search at checkpoints
According to the PNP Legal Service (2012), vehicle inspection in should be
limited to visual search. Further, "the vehicle itself should not be searched, and its
occupants should not be subjected to a body search.
8. "Aerial target zonings" or "saturation drives
This is conducted in the exercise of military powers of the President. (Guanzon v.
De Villa, G.R. No. 80508, January 30, 1990)
9. Exigent circumstances doctrine
This doctrine enunciates the rule that under such urgency and exigency of the
moment, search warrant should lawfully be dispensed with. (People v. De Gracia, G.R.
Nos. 102009-10, July 6, 1994)
10. Plain view doctrine.
 This doctrine states that the objects within the sight of an officer who has a right to
be in a position to have that view are subject to seizure and may be presented as
evidence.
The plain view doctrine is usually applied where the police officer is not searching
for evidence against the accused but nonetheless inadvertently comes upon an
incriminating object. (People v. Musa, G.R. No. 96177, January 27, 1993)
In People v. Bolasa (G.R. No. 125754, December 22, 1999), the elements of the
plain view doctrine are enumerated, to wit:
1. There must be a prior valid intrusion based on a valid warrantless arrest in which
the police are legally present in the pursuit of their official duties;
2. The evidence was inadvertently discovered by the police who have the right to be
where they are;
3. The evidence must be immediately apparent; and
4. Plain view justified mere seizure of evidence without further search.
One notable principle in connection to this right is the knock-and announce
principle. This principle states that the police officers are obliged to give notice, show
their authority, and demand that they be allowed entry. They may only break open any
outer or inner door or window of a house, or any part of a house or anything therein, to
execute the search warrant if, after such notice and demand, such officers are refused
entry to the place of directed search. (Sec. 7, Rule 126, Rules of Court)
However, intrusion into the premises without permission from the owner or occupant
is permissible when:
1. party whose premises or is entitled to the possession thereof refuses, upon
demand, to open it;
2. The person in the premises already knew of the identity of the officers and of
their authority and persons;
3. The officers are justified in the honest belief that there is an imminent peril to life
or limb; and
4. Those in the premises, aware of the presence of someone outside, are then
engaged in activity which justifies the officers to believe that an escape or the
destruction of evidence is being attempted. (People v. Huang Zen Hua and Jogy
Lee, G.R. No. 139301, September 29, 2004)

III. Rights of Suspects Under Custodial Investigation

Background
The landmark case of Miranda v. Arizona (384, US 436, 1996) defined custodial
investigation as any questioning initiated by law enforcement officers after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant
way.
Republic Act No. 7438, the Philippine law governing human rights under
custodial investigation, includes in the concept of custodial investigation the practice of
issuing an invitation to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the inviting officer for
any violation of law. (Sec. 2, R.A. No. 7438)
These rights are available when the is no longer a general inquiry unto an
unsolved crime but has begun to focus on a particular suspect, as when the suspect
has been taken into police custody and the police carry out a process of interrogation
that lends itself to eliciting incriminating statements. (People v. Marra, G.R. No. 108494,
September 20, 1994)
A police lineup is not considered part of any custodial inquest because the
process has not yet shifted from investigatory to accusatory stage, and. it is usually the
witness or complainant who is interrogated and who gives statement in the course of
the lineup.
However, after the start of the custodial investigation, any identification of an
uncounseled accused made in a police lineup is inadmissible. (People v. Macam, G.R.
No. 91011-12, November 24, 1994)
Rights Under Custodial Investigation
1. Right to be informed of his right to remain silent and to counsel This right carries
the obligation on the part of the investigator to explain and contemplate effective
communication which results in the subject understanding what is conveyed.
(People v. Agustin, G.R. No. 110290, January 25, 1995) Therefore, as a rule, it
would not be sufficient for a policeman just to repeat to the person under
investigation the provisions of the constitution. He is not only duty bound to tell
the person the rights to which the latter is entitled, but he must also explain their
effects in practical terms. (People v. Rojas, G.R. No. L-16960-62, January 8,
1987).
2. Right to be reminded that if he waives his right to remain silent, anything he says
can and will be used against him
3. Right to remain silent.
4. Right to have competent and independent counsel preferably of his own choice
The phrase "preferably of his own choice" does not mean that the choice of a lawyer
is exclusive as to preclude other equally competent and independent attorneys from
handling the defense. (People v. Barasina, G.R. No. 109993, January 21, 1994)
On the other hand, an "independent counsel" is a counsel whose is not adverse to
that of the accused and one who is not a counsel of the police or municipal attorney.
(People v. Fabro, G.R. No. 95089, August 11, 1997) A PAO lawyer is considered an
independent counsel within the contemplation of the 1987 Constitution. (Estrada v.
Badoy, A.M. No. 01-12 1-SC, January 16, 2003)
5. Right to be provided with counsel, if the person cannot afford the services of one
6. No torture, force, violence, threat, intimidation or any other means which vitiate
the free will shall be used against him
7. Secret detention places, solitary, and incommunicado or other forms of detention
are prohibited.
8. Confessions or admissions obtained in violation of these rights are inadmissible
as evidence.
Sec. 2 of R.A. No. 7438 provides for the requisites of an admissible extrajudicial
confession, to wit:
1. It was made by a person arrested, detained, or under custodial investigation with
assistance and in the presence of his counselor in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding;
2. The confession must be in writing;
3. The confession must be voluntary; and
4. The confession must be express and must be signed.
Noteworthily, what is sought to be avoided by the rule is the evil of from the very
mouth of the person undergoing interrogation for the commission of an offense the very
evidence with which to prosecute and thereafter convict him. (People v. Bonola, G.R.
No. 116394, June 19, 1997)
Miranda Doctrine/Rights
1. The person in custody must be informed at the outset in clear and unequivocal
terms that he has a right to remain silent.
2. After being so informed, he must be told that anything he says can and will be
used against him in court.
3. The right to consult with a lawyer and to have a lawyer with him during
interrogation.
4. If he is indigent, a lawyer will be appointed to represent him.
5. Even if he consents to answer questions without the assistance of counsel, the
moment he asks for a lawyer at any point in the investigation, the interrogation
must cease until an attorney is present.
6. If the foregoing are not demonstrated, no evidence obtained can be used against
the person in custody. (Miranda v. Arizona, 384 US 436, June 13, 1966)
IV. Right Against Unlawful Arrests
Background
 Arrests can be defined as the taking of a person into custody in order that he may be
bound to answer for the commission of an offense. Under Sec. 5, Rule 113 of the Rules
of Court, arrest can be affected into two modes: (1) arrest by virtue of a valid warrant
and (2) arrest without a warrant under exceptional circumstances as may be provided
by statute.
Issuance of a Warrant of Arrest; Effecting an Arrest
Sec. 2, Art. III of the 1987 Constitution, no 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
describe the persons to be seized.
Probable cause for the issuance of a warrant of arrest is defined as "such facts and
circumstances which would lead a reasonably discreet and prudent man to believe that
an offense has been committed by the person sought to be arrested." (Ocampo v.
Abando, G.R. No. 176830, February 11, 2014)
In making a lawful arrest, no violence or unnecessary force shall be used. The
person arrested shall not be subjected to a greater restraint than is necessary for his
detention. Upon arrest, the following may be confiscated:
1. Objects subject of the offense or used or intended to be used in commission of
the crime;
2. Objects which are the fruits of the crime;
3. Those which might be used by the arrested person to commit violence or to
escape;
4. Dangerous weapons and those which may be used as evidence in the case; and
5. Objects, the possession of which is illegal per se. (People v. Veloso, G.R. No. L-
23051, October 20, 1925)
It must be noted that arrest must precede the search.
Execution of a Warrant of Arrest
The judge issues a warrant of arrest in two instances:
1. Upon filing of the Information by the prosecutor
Here, the judge merely evaluates personally the report and supporting documents
and other evidence adduced during the preliminary investigation and submitted to him
by the prosecutor, and if he finds probable cause on the basis thereof, he issues the
warrant for the arrest of the accused.

2. Upon application of a peace officer

 On the contrary, in this case, the judge must personally examine the applicant and
witnesses he may produce to find out whether or not there exists probable cause. He
must subject the complainant and the witnesses to searching questions.
Unlike a search warrant, the validity of which is 10 days and becomes void
thereafter, there is no time limit for the validity of a warrant of arrest. So long as the
warrant has not been recalled, or the person named therein arrested, or had otherwise
submitted himself to the jurisdiction of the court, the warrant remains good and can still
be executed.
Warrantless Arrests
As a general rule, no peace officer or person has the power or authority to arrest
anyone without a warrant, except in those case expressly authorized by law. Lawful
warrantless arrests can occur in the following instances: "in flagrante delicto arrests,"
"doctrine of hot pursuit," and "evasion of service of sentence."
In flagrante delicto arrests cover the provision under Rule 113 of the Rules of Court,
stating that a warrantless arrest can be had when in his presence, the person to be
arrested has committed, is actually committing, or is attempting to commit an offense. In
People v. Evaristo (G.R. No. 93828, December 11, 1992), it was held that an offense is
committed in the presence or within the view of the person making the arrest sees the
offense, although at a distance, or hears the disturbances created thereby and
proceeds at once to the scene thereof, or the offense is continuing or has been
consummated, at the time the arrest is made.
In flagrante delicto arrests occur when the accused is apprehended at the very
moment he is committing or attempting to commit or has just committed an offense in
the presence of the arresting officer. For this to happen, the case of Ambre v. People
(G.R. No. 191532, August 15, 2012) enumerated two requisites:
1. The person to be arrested must execute an overt act indicating that he has just
committed, is actually committing, or is attempting to commit a crime; and
2. Such overt act is done in the presence or within the view of the arresting officer.
Buy-bust operation is a form of entrapment that has been repeatedly accepted to be
a valid means of arresting violators of the Dangerous Drugs Law. The violator is caught
in flagrante delicto, and the police officers conducting the operation are not only
authorized but duty bound to apprehend the violator and to search him for anything that
may have been part of or used in the commission of the crime. (People v. Sales, G.R.
No. 208169, October 8, 2014)
In a buy-bust operation, the idea to commit a crime originates from the offender,
without anybody inducing or prodding him to commit the offense. If carried out with due
regard for constitutional and legal safeguards, a buy bust operation deserves judicial
sanction. (People v. Agulay, G.R. No. 181747, September 26, 2008)
 The doctrine of hot pursuit also follows the provision under Rule 113 of the Rules of
Court, stating that a warrantless arrest can be had when an offense has in fact just been
committed, and the peace officer or any private person has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested
has committed it. For this to happen, jurisprudence states the following requisites:
1. An offense has just been committed-The time interval between the actual
commission of the crime and the arrival of the arresting officer must be brief (In
Re Petition for Habeas Corpus of Umil v. Ramos, G.R. No. 81567, October 3,
1991); and
2. Probable cause based on personal knowledge Mere intelligence information that
the suspect committed the crime will not suffice. (People v. Doria, G.R. No.
125299, January 22, 1999)
The test of immediacy in this doctrine must be complied with-there must be a large
measure of immediacy between the time the offense was committed and the time of
arrest. (Go v. CA, G.R. No. 101837, February 11, 1992)
Evasion of service of sentence pertains to the arrests to be made against prisoner
who: (1) has escaped from a penal establishment or place where he serving final
judgment or temporarily confined while his case is pending; or 2) has escaped while
being transferred from one confinement to another. This is founded on the principle that
at the time of the arrest, the escapee is in the continuous act of committing a crime.
Summary
In this lesson, we started discussing the intersectionality between criminal justice
and human rights. We tackled the various principles that guarantee the human rights of
the people we are catering, including the suspect and/or the accused. We emphasized
the need for "due process," which guarantees that in dealing with criminal cases, the
government is just and nonarbitrary. We also tackled the principles in custodial
investigation and arrest, which are among the vestiges of your role as enforcers of the
law.
 LESSON 4:
HUMAN RIGHTS IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM: RIGHTS OF
THE ACCUSED, RIGHT TO BAIL, RIGHT AGAINST EXCESSIVE FINES AND CRUEL
AND INHUMAN PUNISHMENTS, AND RIGHT AGAINST DOUBLE JEOPARDY
Lesson Objectives
When you finish reading this lesson, you should be able to
1. Discuss the rights of the accused, to bail, right against excessive fines and cruel
and inhuman punishments, and right against double jeopardy, and
2. Discuss the important principles, concepts, and matters relevant to these rights.
DEFINITION OF TERMS

 Reasonable Doubt That doubt engendered by investigation of the whole proof

and an inability, after such investigation, to let the mind rest easy upon the
certainty of guilt

 Equipoise Rule Provides that where the evidence in a criminal case is evenly
balanced, the constitutional presumption of innocence tilts the scales in favor
of the accused.

 Bail - Security given for the release of a person in custody of law, furnished by
him or a bondsman, to guarantee his appearance before any court as required
under conditions specified under the Rules of Court

Introduction
In the previous lesson, we started discussing the specific aspects wher criminal
justice and human rights intersect-due process, custodial investigation and arrest-and
the various principles and rights within these aspects. In thi lesson, we will continue
discussing other rights of the accused, as well as the right to bail, rights against cruelty,
and rights against double jeopardy.
I. Rights of the Accused

1. Right to be presumed innocent

This right is a non-waivable right. In all criminal prosecutions, the accused is
presumed innocent until the contrary is proven beyond reasonable doubt.
The concept of presumption of innocence is based on the principle of justice. The
conviction must be based on moral certainty, for it is better to acquit a guilty person
rather than convict an innocent man. (People v. Dramayo, G.R. No. L-23444, October
29, 1971)
On the other hand, the concept of reasonable doubt is that doubt engendered by an
investigation of the whole proof and an inability, after such investigation, to let the mind
rest easy upon the certainty of guilt. It must be noted that absolute certainty is not
demanded by the law to convict of any criminal charge, but only moral certainty is
required, and this certainty is quired as to every proposition of proof requisite to
constitute the offense.
In the case of People v. Baulite (G.R. No. 137599, October 8, 2011), it was stated
that the slightest possibility of an innocent man being convicted for an he has not
committed would be far more dreadful than letting a guilty person go unpunished for a
crime he may have perpetrated.
The so-called equipoise rule provides that where the evidence in a criminal case is
evenly balanced, the constitutional presumption of innocence tilts the scales in favor of
the accused. (People v. Erguiza, G.R. No. November 26, 2008)
2. Right to be informed of the nature and the cause of the accusation against him
As a general rule, an accused cannot be convicted of an offense unless. it is clearly
charged in the Complaint of Information. To convict him of an offense other than that
charged in the Complaint of Information would be a violation of this constitutional right.
(People v. Ortega, G.R. No. 116736, July 24, 1997) This is unless the person is charged
in a Complaint with a crime, and the evidence does not show that he is guilty thereof but
does show that he is guilty of some other crime or a lesser offense, and then the Court
may sentence the accused for the lesser offense, given that the lesser offense is a
cognate offense and is included in the Complaint with the court.
It must be noted that the description, not the designation of the offense, is
controlling. In case of error in the designation, accused may be validly convicted for the
offense described.
3. Right to be present and defend in person and by counsel at every stage of the
proceeding
As a general rule, the presence of the accused during the criminal action is not
required and shall be based on his sole discretion. However, the presence of the
accused is mandatory in the following:
1. During arraignment (Sec. 1, Rule 116, Rules of Court);
2. Promulgation of sentence, except when the conviction is for a light offense, in
which case it may be pronounced in the presence of his counsel or a
representative (Florendo v. CA, G.R. No. 110886, Dec. 20, 1994); and
3. When ordered by the court for purposes of identification. (Carredo v. People,
G.R. No. 77542, March 19, 1990) It is vital to state that the Constitutional
 provision authorizing the trial in absentia of the accused in case of his
nonappearance after arraignment despite due notice simply means that he
thereby waives his right to meet the witnesses face-to-face among others.
For trial in absentia to take place, the accused must have been arraigned, he has
been duly notified of the trial, and his failure to appear is unjustified.
In the case of Gimenez v. Nazareno (G.R. No. L-37974, April 15, 1988), an escapee
who has been duly tried in absentia waives his right to present evidence on his own
behalf and to confront and cross-examine witnesses who testified against him.
4. Right to counsel
The right to counsel is absolute and may be invoked at all times even on appeal
(Telan v. CA, G.R. No. 95026, October 4, 1991). The right covers the period from
custodial investigation well into the rendition of the judgment and even on appeal
(People v. Serzo Jr., G.R. No. 118435, June 20, 1997).
During arraignment, the court has the affirmative duty to inform the accused of his
right to counsel and to provide him with one in case he cannot afford it. The court must
act on its own volition, unless the right is waived by the accused. However, during trial,
it is the accused who must assert the right to counsel. The court will not act unless the
accused invokes his rights.
5. Right to testify as witness in his own behalf
A denial of the right of the accused to testify on his behalf would constitute an
unjustifiable violation of his constitutional right. However, this is a waivable right.
Under Sec. 1, Rule 115 of the Rules of Court, if the accused testifies, he may be
cross-examined but only on matters covered by his direct examination. Under Sec. 6,
Rule 132 of the Rules of Court, a witness, on the other hand, can be cross-examined as
to any matter in the direct examination or connected therewith.
6. Right to be exempt from being compelled to be a witness against himself
In the 1987 Philippine Constitution, Article III, Section 17, provides that "no person
shall be compelled to be a witness against himself."
7. Right against self-incrimination
The accused is protected under this rule from questions which tend to incriminate
him, that is, which may subject him to criminal liability. This right must be claimed. If not
claimed by or in behalf of the witness, the protection does not come into play. It follows
that this right may be waived, expressly or impliedly, as by a failure to claim it at the
appropriate time. (People v. Ayson, G.R. No. 85215, July 7, 1989)
 In other words, this right may be waived by the failure of the accused to invoke the
privilege at the proper time, that is, after the incriminating question is asked and before
his answer.
Actually, the accused may altogether refuse to take the witness stand and refuse to
answer any and all questions. On the contrary, an ordinary witness, who is not an
accused, may be compelled to take the witness stand and claim the privilege as each
question requiring an incriminating answer is shot at him.
This right also covers one who is compelled to produce a document and one who is
compelled to furnish a specimen of his handwriting, for in both cases, the witness is
required to furnish evidence against himself. (People v. Nicandro, L-59378, February
11, 1986)
It must be noted that if the accused testifies in his own behalf, then he may be cross-
examined as any other witness. This is considered a waiver of his right against self-
incrimination. He may not, on cross-examination, refuse to answer any question on the
ground that the answer that he will give or the evidence he will produce would have the
tendency to incriminate him for the crime with which he is charged. But, he may refuse
to answer any question incriminating him for an offense distinct from that for which he is
charged.
In the case of Villaflor v. Summers, the right cannot be invoked in an examination of
a woman for pregnancy charged with adultery. Also, in the case of People v. Tranca
(G.R. No. 110357, August 17, 1994), the right cannot be invoked when ultraviolet light
was used for examination of presence of fluorescent powder dusted on the marked
money used in a buy-bust operation.
8. Rights of the accused in the matter of testifying or producing evidence
Prior to the case being filed in court, the following rights can be availed of: right to be
informed, right to remain silent and right not to be subjected to force or violence or any
other means which counsel, vitiate free will, and right to have the evidence obtained in
violation of these rights rejected. After the case is filed in court, the following rights can
be availed of: right to refuse to be a witness, right not to have any prejudice whatsoever
result to him by such refusal, and the right to testify on his own behalf subject to cross-
examination by the prosecution, and while testifying, the right to refuse a specific
question which tends to incriminate him for some other crime. (People v. Ayson, G.R.
No. 85215, July 7, 1989)
As a general rule, silence of the accused or his refusal to testify should not prejudice
him, except if the prosecution has already established a prima facie case and the
accused must present proof to overturn the evidence, and if the defense of the accused
is an alibi and he does not testify, the inference is that the alibi cannot be believable.
9. Right to confront and cross-examine the witnesses against him at trial
 Confrontation is the act of setting a witness face-to-face with the accused so that the
latter may make any objection he has to the witness, and the witness may identify the
accused-which must take place in the presence of the court having jurisdiction to allow
cross-examination. The purpose of confrontation is to secure the opportunity of cross-
examination and for the judge to observe the demeanor of the witnesses. This right is
waivable. When a party has had the opportunity to cross-examine a witness but failed to
avail himself of it, he necessarily forfeits the right to cross-examine, and the testimony
given on direct examination will be allowed to remain in the record. (People v. Caparas,
G.R. No. L-47988, February 20, 1981)
10. Right to have compulsory process
This is the right of the accused to have a subpoena and/or subpoena
duces tecum issued in his behalf in order to compel the attendance of witnesses
and the production of other evidence. If a witness refuses to testify when
required, it is in contempt of court. The court may then order a witness to give
bail or to be arrested. This right is a waivable right. Its purpose is to assure a full
and unimpeded opportunity for him to meet what in the end could be a baseless
suit or transaction. Examples of these processes are subpoena, subpoena duces
tecum, and warrant of arrest.
11. Right to have a speedy, impartial, and public trial This right cannot be waived.
Its purpose is to avoid oppression and to prevent delay by imposing on the courts
and on the prosecution an obligation to proceed with reasonable dispatch.
It must be noted that there is no violation of this right where the delay is
imputable to the accused. (Solis v. Agloro, A.M. No. 276-MJ, June 27, 1975)
For an impartial trial to take place, due process of law requires hearing before an
impartial and disinterested tribunal and that every litigant is entitled to nothing less
than the cold neutrality of an impartial judge. (Mateo Jr. v. Villaluz, G.R. Nos. L-
34756-59, March 31, 1973)
Also, the trial must be public. It should have a character that if anyone would be
interested in observing the manner a judge conducts the proceedings in the courtroom,
one may do so. (Garcia u. Domingo, G.R. No. L-30104, July 25, 1973) Under the Rules
of Court, however, the public may be excluded when evidence to be produced is
offensive to decency or public morals (Sec. 13, Rule 119, Rules of Court) or upon
motion of the accused. (Sec. 21, Rule 119, Rules of Court)
12. Right to appeal on all cases allowed by law and in the manner prescribed by law
The right to appeal from a judgment of conviction is fundamentally of statutory
origin and may be exercised only in the manner prescribed by the provisions of law
authorizing it.
This right is waivable. It is personal to the accused and similarly to other rights of
kindred nature. It can be waived either expressly or by implication. An exception would
 be is when the death penalty is imposed, and such right cannot be waived as the review
of the judgment by the Supreme Court is automatic and mandatory.

Rights of the Accused:

Waivable Non-waivable
1. To testify as a witness in his own behalf 1. To be presumed innocent
2. To be exempt from being compelled to be 2. To be informed of the nature and cause
a witness against himself. of accusation against him
3. To be present at every stage of the 3. To be defended in person and by
proceedings. counsel at every stage of the
4. To confront and cross-examine the proceedings.
witnesses against him at the trial. 4. 4. To have speedy, impartial, and public
5. To have compulsory process issued to trial
secure the attendance of witnesses and 5. 5. To appeal in all cases allowed and, in
production of other evidence in his behalf. the manner, prescribed by law.

II. Right to Bail

Bail is the security given for the release of a person in custody of law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under
conditions specified under the Rules of Court. (Sec. 1, Rule 114, Rules of Court)
The right to bail is available to persons detained or under custody of the law either
when he has been arrested or has surrendered himself or herself to the jurisdiction of
the court.
An accused who previously jumped bail cannot be denied bail before conviction if it
is a matter of right. The remedy is to increase the amount of bail. (Sy Guan v. Amparo,
G.R. No. L-1771, Dec. 4, 1947) An extraditee also has the right to apply for bail.
(Government of Hong Kong v. Hon. Olalia Jr., G.R. No. 153675, April 19, 2007)
The right to bail is not available in deportation proceedings, which is an
administrative proceeding. (Harvey v. Defensor-Santiago, G.R. No. 82544, June 28,
1988)
There are four forms of bail: (1) corporate surety; (2) property bond; (3) cash
deposit; and (4) recognizance. (Sec. 1, Rule 114, Rules of Court)
Bail as a Matter of Right
Bail is a matter of right if a person is charged with an offense not punishable by
reclusion perpetua or life imprisonment, or death. (Sec. 4, Rule 114, Rules of Court) All
persons in custody shall be admitted as a matter of right, with sufficient sureties or be
released on recognizance as prescribed by law or this rule:
1. Before or after conviction by the municipal trial court (MTC); and
2. Before conviction of the regional trial court (RTC) of an offense not punishable
by death, reclusion perpetua or life imprisonment. (Sec. 4, Rule 114, Rules of
Court)

Bail, When Discretionary

Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua or life imprisonment, the court, on application, may admit the
accused to bail. The court, in its discretion, may allow the accused to continue on
provisional liberty after the same bail bond during the period to appeal subject to the
consent of the bondsman. If the court imposed a penalty of imprisonment exceeding six
years but not more than 20 years, the accused shall be denied bail, or his bail
previously granted shall be cancelled, upon showing by the prosecution, with notice to
the accused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent or has committed the
crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon
(d) That the circumstances of his case indicate the probability of flight if released on
bail: or
(e) That there is undue risk that he may commit another crime during the pendency of
the appeal. (Sec. 5, Rule 114, Rules of Court)
Whether bail is a matter of right or discretion, reasonable notice of hearing is
required to be given the prosecutor, or at least he must be asked for his
recommendation because in fixing the amount of bail, the judge is required to take into
account a number of factors. (Cortes v. Judge Catral, A.M. No. RTJ-97-1387, Sept. 10,
1997)
No person charged with a capital offense or an offense punishable by reclusion
perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong,
regardless of the stage of the criminal prosecution. (Sec. 7, Rule 114, Rules of Court)
Hence, bail is neither a matter of right nor a matter of discretion.
Bail is deemed automatically cancelled upon the following: (1) acquittal of the
accused; (2) dismissal of the case; or (3) execution of the judgment of conviction. (Sec.
22, Rule 114, Rules of Court)
Summary of Bail as a Matter of Right, When Discretionary and When Denied
1. When a matter of right
a. Before or after conviction by the MTC
b. Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment
c. Before conviction by the RTC of an offense punishable by death, reclusion C.
perpetua or life imprisonment but the evidence of guilt is not strong
2.When discretionary
a. After conviction by the RTC of an offense NOT punishable by death, reclusion
perpetua or life imprisonment
3. When shall be denied
a. Before conviction by the RTC of an offense punishable by death, reclusion
perpetua or life imprisonment, and the evidence of guilt is strong
b. After conviction by the RTC of an offense NOT punishable by death, reclusion
perpetua or life imprisonment, and the presence of bail denying circumstances under
Section 5, Rule 114 of the Rules of Court
c. After conviction by the RTC of an offense punishable by death, reclusion pepetua
or life imprisonment
III. Right Against Excessive Fines and Cruel and Inhuman Punishments.
A fine is considered excessive when it is clearly shown that the nature of the
violation compared with the fine is disproportion or if it exceeds the utmost limit of the
punishment which the vindication of what the law demands. (US v. Valera, G.R. No. L-
8956, February 4, 1914)
To violate this right, the penalty must be flagrant and plainly oppressive,
disproportionate to the nature of the offense as to shock the senses of the community.
(People v. Estoista, G.R. No. L-5793, August 27, 1953)
The cruelty against which the Constitution protects the convicted man is cruelty
inherent in the method of punishment, not the necessary sufferings involved in any
method employed to extinguish life humanely, (Echegaray v. Secretary of Justice, G.R.
No. 132601, January 19, 1999)
Notably, Republic Act No. 9346 prohibited the imposition of death penalty. Republic
Act No. 9745 prohibited the use of torture as punishment to ensure that the human
rights of all are respected at all times.
IV. Rights Against Double Jeorpardy
 When an accused has been convicted or acquitted, or the case against him
dismissed or otherwise terminated without his express consent by a court of competent
jurisdiction, upon a valid complaint or information or other formal charge sufficient in
form and substance a conviction and after the accused had pleaded to the charge, the
conviction or acquittal of the accused or the dismissal of the case shall be a bar to
another prosecution for the offense charged, or for any attempt to commit the same or
frustration thereof or for any offense which necessarily includes or is necessarily
included in the offense charged in the former complaint or information. (Sec. 7, Rule
117, Rules of the Court)
The rationale of this rights is that the full power of the state is ranged against the
accused. If there is no limit to attempt to prosecute the accused for the same offer after
he has been acquitted, the infinite power and capacity the state for a sustained and
repeated litigation would eventually overwhelm the accused in terms of resources,
stamina, and the will to fight. (Lejano v. People, G.R. No. 176389, January 18, 2011)
For double jeopardy to apply, a previous case must be field and must contain the
following: (1) a valid Complaint or Information; (2) this Complaint or Information must be
filed before a competent court; (3) in this court, the accused has pleaded; and (4)
accused was previously acquitted or convicted or the case dismissed or otherwise
terminated without his express consent. (People v. Ylagan, G.R. No. 38443, November
25, 1933)
The mere filling of two Information charging the same offense is not an appropriate
basis for the invocation of double jeopardy since the first jeopardy has not yet set in by
a previous conviction, acquittal, or termination of the case without the consent of the
accused. (People v. Pineda, G.R. No. L44205, February 16, 1993)
The crimes covered by these rights are the following:
1. Same offense or attempt to commit or frustration thereof or for any offense which
necessarily includes or is necessarily included in the offense charged in the
original Complaint or Information; and
2. When an act is punished by a law and an ordinance, conviction, or acquittal
under either shall bar another prosecution for the same act.
Summary
In this lesson, there are 12 rights of the accused that were discussed. These rights are
as follows:
 Right to be presumed innocent in all criminal prosecutions-The accused is
presumed innocent until the contrary is proven beyond reasonable doubt.
 Right to be informed of the nature and the cause of the accusation against him -
An accused cannot be convicted of an offense unless it is clearly charged in the
Complaint of Information.
  Right to be present and defend in person and by counsel at every stage of the
proceeding the presence of the accused during the criminal action is not required
and shall be based on is sole discretion.
 Right to counsel-The court has the affirmative duty to inform the accused his right
to counsel and to provide him with one in case he cannot afford it.
 Right to testify as witness in his own behalf- A denial of the right of the accused
to testify on his behalf would constitute an unjustifiable violation of his
constitutional right.
 Right to be exempt from being compelled to be a witness against himself
 Right against self-incrimination
 Right of the accused in the matter of testifying or producing evidence
 Right to confront and cross-examine the witness against him at trial-The purpose
of confrontation is to secure the opportunity of cross-examination and for the
judge to observe the demeanor of the witness.
 Right to have compulsory process. This is the right of the accused to have a
subpoena duces tecum issued in his behalf in order to compel the attendance of
witness and the and the production of other evidence.
 Right to have a speedy, impartial, and public trial
 Right to appeal on all cases allowed by law and in the manner prescribed by law
The waivable and non-waivable rights of the accused were also discussed.
The right to bail is the security given for the release of a person in custody of law,
furnished by him or a bondsman to guarantee his appearance before any court as
required under conditions specified under the Rules of Court. (Sec.1, Rule 114, Rules of
Court) The bail is treated as a matter of right. The court, in its discretion, may allow the
accused to continue on provisional liberty after the same bail bond during the period to
appeal subject to the consent of the bondsman.
There is also the right against excessive fines and cruel and inhuman punishments.
A fine is considered excessive when it is clearly shown that the nature of the violation
compared with the fine is disproportionate or if it exceeds the utmost limit of the
punishment which the vindication of what the law demands. (US v. Valera, G.R. No. L-
8956, February 4, 1914)
Another important right is the right against double jeopardy. The rationale of this
right is that the full power of the state is ranged against the accused. If there is no limit
to attempts to prosecute the accused for the same offense after he has been acquitted,
the infinite power and capacity of the state for a sustained and repeated. litigation would
eventually overwhelm the accused in terms of resources, stamina, and the will to fight.
(Lejano v. People, G.R. No. 176389, January 18, 2011)

UNIT V:
 THE PSYCHOLOGY OF HUMAN RIGHTS
Overview
This unit deals with the psychological impact of human rights infractions and its
long and short-term effects on the victims, violators, and society in general. Human
rights affect not the State, which is only a passive personality in the role of human rights
but it is really the culture, the demographics, and the general understanding and
impression of the society on human rights.

LESSON 1:
FUNDAMENTAL PRINCIPLES OF PSYCHOLOGY AND HUMAN RIGHTS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. briefly define psychology as a discipline;
2. relate psychology to the understanding of human rights; and
3. explain fundamental principles in psychology relating to human rights.
DEFINITION OF TERMS

Psychology - A body of knowledge focused on the study of human behavior,

cognition, and affect.
Human Rights Psychology - "Application of psychology to promote human rights,
health, well-being, and dignity" (APA, 2009)

Introduction
In earlier lessons, it was clearly established how important human rights are in
ensuring safety, security, and development for all, especially those who are
marginalized in society. This being said, it can be gleaned that human rights are a
psychosocial preoccupation. It is psychological as its manifestations involve peoples
actions (behavioral), which are often emerging out of their thoughts (cognitive) and
feelings (affective). It is also social as it is generally relational. It has something to do
with how people communicate and interact and the dynamics of power that guide these
relationships.
Psychology's Perspectives in Viewing Human Rights
Across history, psychology has evolved as a discipline. During the time of the
early civilizations, human behaviors are believed to be governed by spirits. The term
"psychology" in the first place comes from the Greek word psyche which means "soul.
Later on, through the evolution of scientific method, many interpretations and
approaches emerged. There are approaches that value the empirical and the
observable, such as behaviorism, which proposes that we can understand people by
observing patterns in behaviors. People who are inclined to this approach would view
human rights issues through frequency, duration, and magnitude of behavior. They will
focus on behavior change through a combination of reward and punishment as a
modality in mitigating violations. For example, in the case of development aggression
due to mining, one may say that the reward violators get from financial prosperity may
lead them to continue with their violations at the expense of others.
There are those who are more inclined to focus on mental processes, such as
cognitivism, which emphasizes the dynamics of thoughts and the power of the mind.
People who are inclined to this approach would view human rights issues by virtue of
thought process, such as perceptions and attitudes. They will focus on training and
restructuring the mind and the way people see things. For instance, in the case of
discrimination, one may say that those who have a skewed perception about a
particular ethnic or gender group may lead to abuses. Someone who thinks that women,
indigenous people, or LGBTQ are inferior tends to behave higher propensity for
committing violations that someone who does not.
Then, there are those who are convinced that people's behaviors are motivated
by the unconscious workings of the mind that are psychodynamic tradition dependent
on earlier childhood experiences, such as psychoanalysis and the consequent. For
instance, in case of domestic abuses, which often threatens the rights of women and
children, one may dig deep on the life story of the violator and analyze how one's early
childhood experiences may influence one's propensity for abusing others or of being
abused.
More recently, with advancements in medicine and technology, experts are now
able to peek at the activities of our brain and the nervous system, thus, paving the way
for the emergence of a neurobiological approach. We now know that our behaviors
involve processes within our body and that there is a great link between our physiology
and our psychology.
Branches of Psychology Involved in Human Rights Education
Psychology is a diverse discipline. There are many ways to look at behavior and
mental processes. There are also different contexts where psychology is used to help in
theorizing and intervening. Below are only a few of these branches, with examples on
how each branch can support in theorizing about human rights issues.
 Developmental Psychology - This is a branch of psychology focused on the
diverse experiences and characteristics of people across the life span. Children
and the elderly are common victims of abuse. Developmental psychology may
explain human rights abuses in these life stages by describing the vulnerabilities
 of children and the elderly due to their physical, cognitive, emotional, and social
characteristics.
 Abnormal Psychology - This is a branch of psychology focused on
differentiating the normal from the psychopathological and in setting criteria to
enable such differentiation. For instance, in the case of a situation involving
people who have been exposed to violence (e.g., ex-military who fought in armed
conflict areas), abnormal psychology can help understand the working of the
mind of the people involved. It can help reassure the one managing the situation
that post-traumatic stress disorder, one of the conditions which exposure to
violence can trigger, does not generally make people aggressive. Rather, it
makes people hypervigilant (easily nervous) such that a calmer and more
diplomatic approach may be more appropriate.
 Social Psychology - This is a branch of psychology preoccupied with human
interaction and human behavior in groups. A deep understanding of social
psychology can empower law enforcers in making good judgment in cases
involving social discrimination (e.g., due to gender, ethnicity) and in managing
mob action (e.g., rallies) with consideration to human rights.
 Political Psychology - This is a branch of psychology focused on human's
political attitude and decision-making. This field is concerned about human's
political behavior as being helpful in understanding phenomena, such as
"terrorism, public support for fascism, and ethnocentrism" (Huddy, Sears, & Levy,
2013). The dynamics of foreign politics, the unique behaviors of leaders and
citizens in specific political systems, and the functions of leadership and authority
are also among its preoccupations.
 Peace Psychology - This is a branch of psychology that aims to theorize and
develop interventions to ease out discrimination, violence, and conflicts. McNair
(2003) defined peace psychology as "the study of mental processes and
behavior that lead to violence, prevent violence, and facilitate non-violence as
well as promoting fairness, respect, and dignity for all, for the purpose of making
violence a less likely occurrence and helping to heal its psychological effects."
Human Rights Psychology
Encompassing the preoccupations of psychology in unpacking the concept of
human rights, we will realize that psychology and human rights are related in various
ways. First, human rights are fundamental principles of practice. This means that every
profession should ensure their clients' welfare, well-being, and dignity in any activities
involving human subjects-both in research and in interventions. Second, human rights
are the focus of theorizing. This means that human rights are a worthy area of research
and that experts are interested to know the dynamics and processes of human rights as
applied in various contexts and its relationship to one's area of expertise. Third, human
rights are content for learning. This means that regardless of discipline, everyone is
called for to study human rights and its relationship to other dimensions of life-personal
or public.
 For law enforcers, the same valuing for human rights is applicable and expected.
Everyone is not only called to perform our duties but to make sure that we mitigate risks
and harm in the process and that we promote the dignity of people we work with. We
are also encouraged to reflect how human rights are connected to the other aspects of
our discipline, and allow it to enlighten how we analyze things and how we practice our
profession. Most importantly, we are enjoined to consider human rights as a worthy
area to study, learn, and teach.

Summary
Human rights take place in various contexts. Since people come from different
environment and cultures, they have unique appreciation of rights and also unique
tendencies in actualizing these rights. The discipline of psychology, which concerns
itself in the working of the human psyche, may serve as a useful tool in understanding
people's motivations and motives, which in turn influence their behaviors.

LESSON 2:
PSYCHOLOGY OF HUMAN RIGHTS VICTIMS
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. define who is a victim;
2. characterize victims;
3. discuss the psychosocial effects of human rights violations to victims; and
4. understand the movement from victimology to survivorology.
DEFINITION OF TERMS

 Victimology - The study of victims

 Psychological Trauma - A psychological condition that emerges from an
exposure to a catastrophic experience of calamity or violence
 Survivorology - An area in victimology which explores resilience among
victims that contribute to healing

Introduction
The concept of victimization has evolved across time. Historically, what
constitutes victimization and who can be considered a victim evolved alongside the
progression of human civilization. There are two general perspectives in contemporary
victimology: (a) general victimology, which includes the study of victims of disasters,
accidents, and wars; and (b) penal victimology, which views of victims are from a
criminological and legal lens, thus within the confines of criminal law (Van Dijk, 1999). In
contemporary discussions, an emerging field is survivorology, which believes that
victims have inherent characteristics that may help them recover from victimization.
Indeed, this area has become popular in the field of psychology, which focuses now not
only on disorders but on resilience our ability to bounce back from difficulties.
Nevertheless, in the context of human rights, it must be emphasized that while victims
have resiliency, the best way to view their situation is that they should have not been
victimized in the first place. And, in the context of law enforcement, understanding the
psychology of victim/survivors should be able to empower enforcers to behave
according to the need and situation of the people they cater and protect. In this lesson,
we will focus on what we refer to as victims, and we will try to understand the
taxonomies and biopsychosocial concerns of these individuals.
Victims
There is diversity in the profile of victims based on their personal characteristics,
sociodemographic circumstances, and even in terms of the degree of their potential
culpability which led to the crime.
Benjamin Mendelsohn's Victims Typology
The father of victimology, Benjamin Mendelsohn (1947, 1956), identified six
general categories of victims. In his study as an attorney, he gained an insight that in
most cases, crimes take place among people who knew each other and have some
form of relationship with one another. Most essentially, he developed a typology based
on the victim's degree of culpability.
 Completely innocent crime victim - This is a crime victim who does not have
any contribution to the crime and does not have any responsibility to his or her
victimization. When we describe this victim, we say "nasa maling oras at maling
lugar lang" "na-timing-an," or "napagkamalan." Crime victim with minor guilt -
This is a crime victim who carelessly places oneself in a dangerous situation by
having a lifestyle that poses higher risk for danger (e.g., going to a red light
district where there is a high possibility of trouble).
 Crime victim as guilty as offender - This refers to a crime victim who is as
guilty as the offender because both have agreed to engage in a dangerous
exercise. For instance, someone who died in a duel where both parties agreed
for the arrangement. Sometimes, these victims are also referred to as voluntary
victims.
 Crime victim more guilty than offender - This is a crime victim who triggered a
crime (e.g., attacking first) but was subdued by his or her offender.
 Most guilty crime victim - This is a crime victim who is guilty of a crime. For
instance, a thief who has been double-crossed by his or her partner or an
abusive husband who was killed by his wife in the middle of a fight.
  Imaginary victim - This is a crime victim who is not a victim at all. This happens
when someone fabricates a scenario.
Amid the rise of the human rights movement, Mendelsohn's typology has
continuously been challenged, as it insinuates that the victim is to be blamed for his or
her actions and attitudes that led to their own process of victimization. In earlier lessons,
we discussed in detail the theories of victimization. We mentioned in Unit Il that one of
the prevailing theories is victim precipitation, which assumes that the victim's intent,
behavior, and characteristics are sufficient to cause a criminal act (Franklin & Franklin,
1976).
The main in Mendelsohn's typology is much the same. Because it assumes that
victims precipitate crimes, it has a tendency to put on the gravity of the responsibility to
the victim (victim blaming).
Notwithstanding this, in behavioral analysis, there is significance also in looking into
the antecedents of a behavior (e.g., criminal behavior) to create an entire picture of an
event. This includes looking into the potential role of the victim.
Hans Von Hentig's Victim Typology
A typology of victims was proposed by Hans Von Hentig (1948), taking into
consideration biopsychosocial factors (ie, biological, psychological, and social). Initially,
he categorized victims into:
 general (i.e., based on sociodemographic variables and biographical
details);
 psychological (i.e., based on socio-emotional conditions and mental
capabilities); and
 activating (i.e., based on the victim's role in the crime).
These three were further expanded and specified. Below is a list of the potential
victims according to Von Hentig. Following each is an example of a psychosocial profile
of these victims, which we must consider in understanding their circumstances.
 Young - Young people are potential victims due to their lack of experience and
yet developing cognitive and socio-emotional faculties. They also i
underdeveloped physique and are easily harmed by a more physically strong
adult.
 Females - Females are potential victims due to the generally prevailing, but not
necessarily true notion that they are weak and, thus, must subject themselves to
the decisions of men. Females are also generally expected to be nurturing,
passive, and meek and have been conditioned to be such in the process of
gender socialization.
  Old-Older people are potential victims due to their failing health and physical
strength. In societies where ageism (looking at older person as dispensable and
not useful) is prevalent, the risk of elder victimization shoots up.
 Immigrants- Immigrants are potential victims because of language and cultural
barriers. Miscommunication, conflicting beliefs and values, and stereotyping may
also lead to more complex situation. Immigrants may also tend to be unaware of
their rights in the host country, thus, would be less likely to seek help when
violated.
 Depressed - Depressed, in this context, is a general term used by Von Hentig to
pertain to individuals with deep emotional troubles. He suggested that depressed
individuals tend to be easily convinced and since they are focused more on their
internal troubles, may tend to be less vigilant than others.
 Mentally defective/deranged - People with cognitive and other forms of
psychological disorder tend to be potential victims, especially when they are not
in a lucid state. In certain cases when the individual is not having a clear and
reasonable state of mind, other people with criminal intentions may tend to take
advantage.
 The acquisitive-People who have a great desire to acquire material possessions
may tend to be potential victims of scams and other mass-marketing fraud.
 Dull normals - Von Hentig used the term "dull normals" to refer to people normal
mental processes but with low intellectual ability, which is required to
comprehend situations.
 Minorities - Von Hentig pertains to racially discriminated groups as minority.
Groups that are generally prejudiced by the public also tend to be victims of hate
 Wanton - Von Hentig pertains to sexually promiscuous individuals as wanton.
 The lonesome and heartbroken - According to Von Hentig, people who are
lonely, grieving, or mourning such as bereaved families, widows, or widowers
may tend to be prone to abuse, manipulation, and other forms of deceit, as they
yearn for connection, validation, and social intimacy.
 Tormentor - People who are abusive are potential victims when the ones they
are oppressing retaliate. Most often, these people also have a tendency for
violence in other circumstances and context, making them more at risk to both
commission and victimization.
 The blocked, exempted, and fighting - People who are blackmailed tend to be
at risk, especially that they are constrained, by manipulation, to approach law
enforcers.
In essence, what distinguishes Von Hentig's typology from Mendelsohn's is its focus
on personal characteristics of the victims rather than on the behavior (ie, the part
taken by the victim in perpetrating the crime). However, similar to that of Mendelsohn,
one of the critiques to this typology is putting the burden of responsibility to the victim-
i.e., victim as agent provocateur. But then again, developmental and sociocultural
contexts really remain as significant influences not only in victimization and crimes but
in other life circumstances.
Stephen Schafer's Victim Typology
Integrating the works of Mendelsohn and Von Hentig. Stephen Schafer offered a
typology based on behavior, personal characteristics, and culpability. The typology and
their descriptions are as follows:
No responsibility Shared responsibility With responsibility

 Precipitative victims
 Unrelated victims  Provocative victims (some degree)
 Biologically weak  Self-victimizing
victims (total)
 Socially weak
victims
 Political victims.

While Schafer still adhered somehow to the victim precipitation hypothesis, he

clarified that not all victims are agent provocateurs. Especially in the case of groups with
biological, social, and political vulnerabilities, Schafer argued that the responsibility is
completely at the side of the criminal.
Psychosocial Concerns of Victims
Whether a person is responsible or not in the circumstances that lead to the
crime, all living victims of crimes have needs and concerns that must also be
considered in working with them. One way to categorize these needs is to look into what
is probably going on in the head and heart of a crime victim.
The following are some areas of concerns which victims juggle:
 Biomedical concerns - Immediate medical plain, physical trauma, discomfort or
uneasiness in having to undergo a physical examination by a physician, needing
to take prophylaxis for HIV and other STIs after a sexual assault
 Psychological concerns - Acute stress, grief and loss, shame, desire for
vengeance, psychological trauma, and depleting sense of self-esteem.
 Social concerns - Reunification with family and loved one, fear for family's
desire for vengeance, fear about family's reaction, peer relationships severed,
general social acceptance, and fear of social relationships especially for non-
stranger perpetrators
  Financial concerns - Reestablishing one's career, where to get money to raise
the family, how to bring back lost money, and money needed for succeeding
demands for justice
 Legal concerns - Need for legal support, stress, serious anxiety, sleepless
nights, social humiliation, fear, wounded feelings

Summary
Human right promotion is inclined toward the marginalized and the vulnerable. In
this lesson, we dug deeper into the psyche of human rights victims and what
characteristics may make them more or less at risk of victimization.

Overview UNIT VI:

HUMAN RIGHTS AND DEVELOPMENT IN THE PHILIPPINES

This unit will delve in the best practices being implemented in ensuring that
human rights are observed and its violations are minimized, if not prevented. This unit
will identify different programs that will highlight the active involvement of the
government in protecting human rights of every sector particularly the indigenous
peoples, and survey whether or not the existing policies and programs of the
government are effective and consistent in combating human rights violations.
LESSON 1:
HUMAN RIGHTS INITIATIVES IN THE PHILIPPINES
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. identify the human rights initiatives in the Philippines;
2. describe these human rights initiatives in the Philippines; and
3. understand how these initiatives in human rights protect society.
DEFINITION OF TERMS

 Commission on Human Rights - An institution that advocates and serves

toward the protection and promotion of human rights in accordance with
universal human rights principles and standards
 Philippine Judiciary - Branch of the government that puts forward judicial
reforms in order to protect human rights in the country
Introduction
Among the concrete human rights initiatives of the Philippines is the creation of
the Commission on Human Rights (CHR). This is an independent office mandated to
give effect to the state policy that "the State values the dignity of every human person
and guarantees full respect for human rights."

The Commission on Human Rights (CHR)

Among our state policies is to give value to the dignity of every human person
and guarantee full respect for human rights. This is enshrined in our fundamental law of
the land, the 1987 Constitution. Consequently, we are all guaranteed respect of our
human rights.
The CHR serves all persons in the Philippines, as well as Filipino nationals
abroad and provides services to both rights-holders or the vulnerable sectors who are
the Commission's primary clients, as well as to the duty bearers, or the police, military,
and the other persons in authority (Commission on Human Rights, n.d.).
Particularly, the CHR prioritizes the following rights-holders
 Woment
 Children
 Youth
 Persons deprived of liberty
 Indigenous peoples
 Workers (domestic and migrant workers) Internally displaced persons
 Persons living in poverty
 Persons with disabilities
 Senior citizens
 Pesons with diverse sexual orientation, gender identity, and gender
expression
(SOGIE)
 Other marginalized groups
The Commission also works to build and strengthen the capacities of duty bearers
including, but not limited to, frontline service providers, decision and policy makers, and
actors in the security sector and justice system.
 It works in partnership with all national government agencies, independent
constitutional commissions, local government units, government-owned and controlled
corporations, educational institutions, and civil society groups.
The Commission commits to deliver prompt, responsive, accessible, and excellent
public service for the protection and promotion of human rights in accordance with
universal human rights principles and standards (Commission on Human Rights, n.d.).
The Commission shall have the following powers and functions:
1) Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
2) Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court;
3) Provide appropriate legal measures for the protection of human rights of all
persons within the Philippines, as well as Filipinos residing abroad, and provide
for preventive measures and legal aid services to the underprivileged whose
human rights have been violated or need protection;
4) Exercise visitorial powers over jails, prisons, or detentions facilities;
5) Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
6) Recommend to the Congress effective measures to promote human rights and to
provide for compensation to victims of violations of human rights, or their
families;
7) Monitor the Philippine government's compliance with international treaty
obligations on human rights;
8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to
determine the truth in any investigation conducted by it or under its authority;
9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;
10)Appoint its officers and employees in accordance with law; and
11)Perform such other duties and functions as may be provided by law. (Section 3,
E.O. No. 163)
The Department of Justice (DOJ)
The Philippines is a signatory to the Universal Declaration of Human Rights. This
is an international treaty that declares a common standard of achievement for all
peoples and all nations to the end that every individual and every organ of society, shall
strive by teaching and education to promote respect for these rights and freedoms.
One of the most important government agencies in its duty to protect human
rights is the DOJ. This agency is the government's legal counsel. It oversees the
administration of the criminal justice system, acts as the representative in litigations and
proceedings, and provides free legal services to indigent and other qualified. citizens. It
implements programs on witness protection, anti-human trafficking, rape victim
assistance and protection, anti-child pornography, and other human rights-related
initiatives.
As the principal law agency of the Philippines, the DOJ carries out specific
functions in order to fulfill its basic functions, such as:
1. Administration of the criminal justice system
2. Legal counsel of government.
3. Provision of free legal assistance
4. Alternative dispute resolution
5. Other functions:
 Witness protection Anti-human trafficking
 Rape victim assistance and protection
 Anti-child pornography

Importantly, the DOJ heads a number of projects. Among them are as follows:
1. Child protection program
2. Criminal code committee
3. DOJ action center
4. Juvenile justice and welfare
5. Office of Cybercrime
Department of Labor and Employment (DOLE)
The DOLE was originally named the Bureau of Labor on June 18, 1908 under the
Department of Commerce and Police. It was renamed and founded as the Department
of Labor on December 8, 1933 as mandated by Legislative Act No. 4121. After a
complete internal restructuring in 1982, it was renamed the Department of Labor and
Employment.
The DOLE concerns itself with the protection and welfare of Filipino workers both
in the country as well as abroad and responds accordingly to sociopolitical and
economic challenges that would affect the workers. DOLE is also mandated to create
policies and programs as an arm of the Executive Branch in its field of concern.
There are seven major services offered by DOLE, namely:
1. Job Search Assistance Services assist jobseekers opting for wage
employment. The service aims to provide employment guidance and counseling,
job referral and facilitation, and timely and accurate jobs and skills description.
2. Capacity Building Services for Livelihood and Employability of Workers in
the Informal and Other Specific Sectors assist the marginalized and
disadvantaged workers-informal sector workers, returning OFWs, indigent
students and out-of-school youth-by providing skills and entrepreneurship
 training, access to livelihood opportunities and development, and employment
interventions:
3. Social Partnership Promotion and Dispute Resolution Services minimize lost
working days of workers in formal employment. These lost working days should
be a result of avoidance, settlement, and disposition concerns.
4. Skills Competency, Productivity Training Tech-Voc Education Services aid
the unemployed and underemployed with vocational and technical skills to adapt
to the demands of a fluctuating labor market. They provide training and
information on productivity technologies.
5. Services to Safeguard Fair and Just Terms and Conditions of Employment
effectively enforce standards of labor through education, advocacy, inspection,
and verification of all required documents.
6. Social Protection and Welfare Services for Workers in the Informal and
Other Specific Sectors aid workers not usually covered by the protection of
government laws. This is done through DOLE's Social Protection Program.
7. Work Accident/Illnesses Prevention, Work Compensation and
Rehabilitation Services reduce the number of accidents, injuries, and illnesses
caused by labor. These services provide compensation and rehabilitation for
occupationally disabled workers (Department of Labor and Employment, n.d.).
The International Labor Organization (ILO)
The International Labor Organization (ILO) is a tripartite organization that started
working with the Philippines in 1994. Its vision is "to promote rights at work, encourage
decent employment opportunities, enhance social protection and strengthen dialogue
on work-related issues" (International Labor Organization, n.d.).
The ILO Manila office has been active since its founding, starting with the
ratification of the Workman's Compensation (Accidents) Convention 17 based on Act
No. 1874 to extend responsibility of employers for personal injuries and death suffered
by employees at work.
Below are a number of its recent programs and projects:
1. Decent Work Country Programme (DWCP) is ILO Manila's main project. It was
made to support the country's Labor Employment Program (LEP). The two major
priorities are decent jobs for a competitive Philippines and improved labor market
governance. To achieve this, the ILO will help strengthen the working capacity of
the Philippines and apply international labor conventions to constantly update the
LEP. The United Nations Development Assistance Framework has listed the
DWCP as ILO Manila's top priority.
2. Infrastructure for Rural Productivity Enhancement Sector (INFRES) Project
(June 4, 2001-December 31, 2006) was completed to improve their living
conditions, as poor people require access to employment and basic goods and
 services. The poor can improve their situation through national and local
investments in infrastructure that provide jobs.
3. ILO-IPEC Project in support of the Philippine Time-Bound Programme
(September 2, 2002-August 31, 2007) was the first and most significant
contribution toward the elimination of the worst forms of child labor. It has been
designed to leverage resources and to link up with national and international
programs for the benefit of Filipino boys and girls.
4. Strategies and Tools Against Social Exclusion and Poverty (STEP) (January
1, 2003-June 1, 2005) aimed to provide better quality of life to informal economy
workers and their families through better access to health care. This is a donor
project from the Government of Norway.
5. Protecting Domestic Workers Against Forced Labor and Trafficking
(DOMWORK) (May 3, 2004-December 31, 2006) was a program on the
regulation and condition of Filipino domestic workers. This was planned to
empower domestic workers on their rights as well as reduce the cases of abuse
(International Labor Organization, n.d.).

The Judiciary
The Philippine Judiciary has also instituted judicial reforms in order to protect
human rights in the country. Among the important reforms are the following: (a) speedy
trial, more efficient and responsive justice system, docket decongestion, and review of
judicial systems and procedure; (b) collaboration with society; (c) increased access to
justice for the poor; (d) improvement of free legal services; and (e) enhancement of
integrity and competence of judges, court personnel, and all other officers of the court.
Human Rights Violations
Based on recent news, the Philippines recognized the sacrifices of all Filipinos who
were victims of summary execution, torture, enforced or involuntary disappearance and
other gross human rights violations. Consequently, it acknowledged its moral and legal
obligation to recognize and/or provide reparation to said victims and/or their families for
the deaths, injuries, sufferings, deprivations and damages they suffered.
Vision 2040
The country crafted its Vision 2040 that the Philippines shall be a country where
all citizens enjoy equal prosperity, enabled by a fair and just society, and governed with
order and unity. Vision 2040 laid down the national framework of development in which
the criminal justice system must be in sync.
Vision 2040 is a statement of where Filipinos aspire to be in 25 years. It is a set
of goals identified by the public for themselves, their children, their community. and the
country. This vision, once articulated, shall eventually set the direction for government
policy. Filipinos will say where the country should be in 25 years, and the government
shall create the conditions for realizing this vision through policy, programs, and
regulation. Together, the government and its people can move to a common direction in
a strategic and harmonious manner, with shared goals and ambitions. It is the
government's job to design programs, policies, and operating rules that will foster an
environment where all Filipinos are afforded equal opportunity to pursue and realize
their own vision for themselves. In this manner, people set the direction for the
government (National Economic and Development Authority, n.d.).
Jail Reforms
One of the countries in the world who has overcrowded prison systems is the
Philippines. The detention centers managed by the National Police, the jail facilities
overseen by the Bureau of Jail Management and Penology and the provincial
governments, and the prisons and penal farms managed by the Bureau of Corrections
(BuCor) register an average overcrowding rate of some 500%. Although it was already
heavily congested even before President Rodrigo Duterte's war on drugs, the inmate
population has increased more than 67% (from 120,000 to 200,000) since 2016 as a
result of the drug war. One remand jail facility in Manila, for example, has reached a
congestion rate of 3,600% of capacity: jail cells that once housed 10 inmates now
squeeze in more than 200. Making matters worse, the growth in the inmate population
has not been matched by modernization of archaic facilities or increases in personnel
and resources (Jones & Narag, 2019).
The government recently planned to establish adequate and humane prison
facilities to contain the growing inmate population and with amenities necessary for
effective rehabilitation and eventual social reintegration of prisoners.
On the other hand, Jones & Narag (2019) recommended the following reforms:
1. Policy makers should recognize that the systemic corruption in Philippine prisons
is so ingrained that a patch-up solution is not enough. Instead, they must cast a
wider net to address the interrelated problems that plague the New Bilibid Prison
and other prisons. The drug trade is just one of them.
2. BuCor's facilities need to be upgraded. Overcrowding should be mitigated by
adding cells and buildings in various prisons. New regional prisons should be
built, and existing ones, strengthened.
3. The number of personnel should be increased to meet the standard inmate to-
guard ratio. The remuneration of prison staff must be on par with similar agencies
to attract and retain the best professionals. A training school is needed to
professionalize the prison service and to improve the quality of personnel.
4. The subsistence cost for inmates' food, clothing, medicine, and other needs
should be increased.
5. The national government must conduct an assessment of whether the minimal
inmate food allowance meets basic standards of humane treatment.
 6. While structural and organizational change are key components of reform, the
culture of corruption and other negative ingrained practices need to be
addressed as well. Reforms could include new ethical standards and disciplinary
rules for personnel. Officers should be required to pass accreditation exams
before they are considered for promotion.
7. Reform efforts in these three keys areas-structural, organizational, and cultural-
should be supported by a sound financial plan, Reforms that are only partially
implemented due to a lack of funding usually backfire and disrupt the institution
even further.
Summary
As a responsible member of the international community and consistent with the
national policy, the Philippine government undertook various human rights initiatives.
These initiatives involve policy, institutional, and structural reforms. These initiatives
are designed to address the challenges facing the human rights status of the
country.

LESSON 2:
HUMAN RIGHTS OF FILIPINO INDIGENOUS PEOPLES
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. identify the Filipino indigenous peoples;
2. specify the human rights of Filipino indigenous peoples; and
3. describe how these human rights are protected by the government.
DEFINITION OF TERMS

Indigenous peoples - "a group of people or homogenous societies identified by

self-ascription and ascription by others, who have continuously lived as organized
community on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed and utilized
such territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social and
cultural inroads of colonization, non-indigenous religions and cultures, became
historically differentiated from the majority of Filipinos" (IPRA 1997)

Introduction
 The Philippines is a culturally diverse country with an estimate of more than 10
million Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. This number
represents nearly 14% of the country's population. They are mainly concentrated in
Northern Luzon (Cordillera Administrative Region, 33%) and Mindanao (61%), with
some groups in the Visayas.
They are among the poorest and the most disadvantaged social groups in the
country, with illiteracy, unemployment, and incidence of poverty being much higher than
the rest of the population.
The Indigenous Peoples Rights Act (IPRA) of 1997
The 1987 Philippine Constitution mandated state recognition, protection, promotion,
and fulfillment of the rights of Indigenous Peoples. To achieve this, the Philippine
Congress enacted Republic Act 8371, also known as the "Indigenous Peoples Rights
Act" (or IPRA), which recognized the right of indigenous peoples to manage their
ancestral domains. With the passage of IPRA in 1997, the law recognized the rights of
indigenous peoples over their ancestral domains and ancestral lands.

According to IPRA, our indigenous peoples have the following rights to their
ancestral domains: (a) right of ownership; (b) right to develop lands and natural
resources; (c) right to stay in the territories; (d) right in case of displacement, (e) right to
safe and clean air and water; (f) right to claim parts of reservations; and (g) right to
resolve conflicts.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),
Agenda 2030, and the Sustainable Development Goals (SDGs)
Ten years after the passage of IPRA, the UN General Assembly adopted the United
Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which provides a
framework for the survival, dignity, well-being, and rights of the world's indigenous
peoples and strengthens their rights to identity, education, health, employment, and
language among others.
The UNDRIP is an international human rights instrument adopted by the UN General
Assembly following over two decades of negotiations. It sets the minimum for treatment
of indigenous people and states that the rights contained within it "constitute the
minimum standards for the survival, dignity, and well being of the indigenous people of
the world." It contains 24 preambular paragraphs and 46 articles.
The main purpose of the UNDRIP is to provide a mechanism to protect the individual
and collective rights of indigenous peoples, as well as their rights to culture, identity,
language, employment, health, education, protection of traditional lands, and other
issues. It includes many other provisions that relate to the right of indigenous peoples to
participate in decision-making.
Some of its salient provisions are the following:
1. Article 1 of UNDRIP states that indigenous peoples have the right to the full
enjoyment as a collective or as individuals, of all human rights and fundamental
freedoms as recognized in the Charter of the United Nations, the Universal
Declaration of Human Rights and international human rights law (UNDRIP,
2007).
The Declaration goes on to guarantee the rights of indigenous peoples to enjoy and
practice their cultures and customs, their religions, and their languages, and to develop
and strengthen their economies and their social and political institutions. Indigenous
peoples have the right to be free from discrimination and the right to a nationality.
2. Article 3 of the UNDRIP recognizes indigenous peoples' right to self
determination, which includes the right to freely determine their political status
and freely pursue their economic, social, and cultural development. Article 4
affirms indigenous peoples' right to autonomy or self-government in matters
relating to their internal and local affairs (UNDRIP, 2007).
3. Article 5 protects their right to maintain and strengthen their distinct political,
legal, economic, social, and cultural institutions.
4. Article 18 states that "indigenous peoples have the right to participate in decision-
making in matters, which would affect their rights through representatives chosen
by themselves in accordance with their own procedures, as well as to maintain
and develop their own indigenous decision-making institutions."
5. Article 26 states that: Indigenous peoples have the right to the lands, territories,
and resources, which they have traditionally owned, occupied, or otherwise used
or acquired, and it directs states to give legal recognition to these territories.
Other common themes of the articles are as follows:
 Rights of self-determination of indigenous individuals and peoples (Articles 1-8;
33-34)
 Rights of indigenous individuals and people to protect their culture through
practices, languages, education, media, and religion (Articles 9-15, 16, 25, and
31)
 Asserts the indigenous peoples' right to own type of governance and to economic
(Articles 17-21, 35-37)
 Health rights (Article 23-24) .
 Protection of subgroups (e.g., elderly, women, and children) (Article 22)
 Land rights from ownership (including reparation or return of land i.e., Article 10)
to environmental issues (Articles 26-30 and 32)
  Dictates how this document should be understood in future reference (Articles
38-46)
This declaration is a resolution, meaning it is not a law bearing document.
Indigenous peoples are not considered political nation-states and do not have access to
international law protection through the International Court of Justice.
Most importantly, the Declaration does not override the rights of indigenous peoples
contained in their treaties and agreements with individual states, and it commands
these states to observe and enforce the agreements.
United Nations (UN) Agenda 2030 and the Sustainable Development Goals
The UN Agenda 2030 with its 17 Sustainable Development Goals (SDGs)
provides the framework that all 193 UN member states have pledged to achieve (United
Nations, 2015).
Unlike previous development agendas that emphasize economic growth, the
SDGs are a universal framework that contains many potentially diverging policy goals in
the economic, social, and environmental sphere, while some goals. are thought to be
mutually supportive. The achievement of the agenda crucially depends on whether or
not synergies are maximized and existing trade-offs are resolved (Kroll et al., 2019).
These SDGS run from 2016 to 2030 and are formally the goals of the United
Nations "Transforming our world; the 2030 Agenda for Sustainable Development," an
agenda which sets out the vision, principles, and commitments to a fairer and more
sustainable world for all. The practical and political importance of the SDGs, and the
challenges associated with them, can only truly be appreciated by understanding what
preceded them (Morton et al., 2017).
Figure 4.4 depicts the goal of the SDGs.

Figure 4.4. Graphical Illustration of the SDGs

Summary
A significant portion of the Philippine population is composed of its indigenous
peoples. They live in the hinterlands, have their own distinct culture, and belong to the
marginalized and vulnerable sectors of society. Their rights over their ancestral domains
recently received statutory recognition and protection.

LESSON 3:
SUSTAINABLE DEVELOPMENT AND HUMAN RIGHTS PROTECTION
Lesson Objectives
When you finish reading this lesson, you should be able to:
1. define "sustainable development";
2. describe the relationship of sustainable development and human rights
protection; and
3. explain the role of human rights protection to sustainable development.
DEFINITION OF TERMS

Sustainable development - This refers to the process of change to meet the needs
of the people without lessening the potential for meeting their future needs, the needs
of other societies, and those of future generations. For sustainable development to be
achieved, it is crucial to harmonize three core elements: economic growth, social
inclusion, and environmental protection.

Introduction
In order to promote human rights, there must be: (a) a promotion of
sustainable, inclusive, and equitable economic growth; (b) greater opportunities for all;
(c) reduced inequalities; (d) improved basic standards of living; (e) fostered equitable
social development and inclusion; and (f) a promotion integrated and sustainable
management of natural resources and ecosystems.
Human Rights in Sustainable Development
It has been established that human rights create conditions essential for
sustainable development. Civil, cultural, economic, political, and social rights and the
right to development build on each other and advance together. No matter how free
individuals are to speak out and protest, they are not truly free if they lack food,
education, or adequate housing.
The concept of sustainable development is presented as a solution able
to cope with the development needs and the preservation of the environment, protecting
it for present and future generations. The right to a healthy environment may be part of
existing international law being implemented through human rights instruments. The
procedural aspect of the right to a healthy environment embodies the right to
information, the right to participate, and the right to effective remedies. Participation in
the decision-making process and available and effective means of redress are essential
features of the right to a healthy environment. Expressed in the field of human rights
law, these principles convey the notion that citizens are entitled to participate (Giorgetta,
2002).
The United Nations Declaration of the Right to Development
The right to development was formally recognized as an international
human right when the Declaration on the Right to Development was adopted by the UN
in 1986.
The international community debated the ideas behind that right quite
extensively for several decades before reaching an agreement. Conceptual differences
were mixed with the political positions of different countries, reflecting the tensions of
the cold war period. Some rights were identified with the position of the so-called First
World, others with the socialist Second World, and the right to development, rather
tenuously, with the Third World developing countries. Toward the end of the cold war
period, these rights were synthesized in the Declaration of 1986 in the form of an
agreement, with all the compromises and ambiguities of the language of a negotiated
document (Sengupta, 2007).
Most importantly, the UN Declaration on the Right to Development
emphasizes the right of all individuals and peoples to free, active, and meaningful
participation. That is why the United Nations enjoins member-states to integrate
human rights, including the right to development and human rights mechanisms'
outcomes in their implementation of the sustainable development goals and other
development and poverty eradication efforts.
The Philippine Development Plan of 2017-2022
To turn Vision 2040 into reality, it is necessary for each administration to
build on the gains of its predecessors to ensure continuity and consistency of policies,
projects, programs, and initiatives, while also maintaining a certain amount of flexibility
(National Economic and Development Authority, n.d.).
As the first medium-term plan to implement the Vision 2040, the
Philippine Development Plan (PDP) 2017-2022 lays down a solid foundation for a more
inclusive growth, a high trust society, and a globally-competitive economy.
The PDP has an overall framework following the attainment of a
"matatag, maginhawa, at panatag na bulury para sa lahat." The PDP 2017-2022
contains strategies that fall under three pillars of "Malasakit" (enhancing the social
fabric), "Pagbabago (inequality-reducing transformation), and "Patuloy na Pag-unlad"
(increasing growth potential of the economy). (See Figure 4.5)
 These are supported by cross-cutting strategies for national security,
infrastructure development, socioeconomic resiliency, and ecological integrity, which
provide a bedrock for all strategies to work.
Figure 4.5. The Overall Framework of the PDP 2017-2022

Figure 4.5. The Overall

Framework of the PDP 2017-2022
In short, "malasakit" pertains to the enhancement of the social fabric,
wherein the aim is to regain peoples' trust in public institutions and cultivate trust in
fellow Filipinos. This entails making public institutions citizen-centered, efficient, and
free from corruption. Administration of justice will be swift and fair, and Filipinos will
have increased awareness of, and will learn to value, the country's cultural diversity and
shared heritage (NEDA, n.d.).
"Pagbabago" pertains to inequality-reducing transformation, wherein
expanding economic opportunities and increasing access to these opportunities,
particularly of economic groups that lag behind, will result into growth that will be felt on
the ground. A key strategy is fostering linkages in agriculture and the industry and
service sectors. This will be coupled with reducing vulnerability and ensuring resiliency
of communities by strengthening social protection and prioritizing human capital
development (NEDA, n.d.).
"Patuloy na pag-unlad" pertains to the imperative that economic growth is
accelerated and sustained. Major strategies include advancing to a knowledge economy
and accelerating the full harvest of the demographic dividend. Technology adoption will
be promoted and innovation will be encouraged. There will also be aggressive efforts to
ensure that families will be of the size that can be adequately cared for (NEDA, n.d.).
The Plan Targets of PDP 2017-2022 are as follows:
 The Philippines will be an upper middle-income country by 2022;
 Growth will be more inclusive as manifested by a lower poverty incidence in the
rural areas, from 30% in 2015 to 20% in 2022;
  The Philippines will have a high level of human development by 2022;
 The unemployment rate will decline from the current 5.5% to 3-5% in 2022;
 There will be greater trust in the government and communities will be more
resilient; and society. Individuals and
 Filipinos will have greater drive for innovation (NEDA, n.d.).
For this to be achieved, the following are the so-called "bedrock strategies":
 Attain just and lasting peace;
 Ensure security, public order, and safety; Accelerate infrastructure development;
and
 Ensure ecological integrity, clean, and healthy environment (NEDA, n.d.).
To reinforce these "bedrock strategies," the following are the supporting strategies:
 Ensure a sound, stable, and supportive macroeconomic environment; and
 Level the playing field through a National Competition Policy (NEDA, n.d.).
Ultimately, the PDP 2017-2022 aims to reduce inequality through the expansion
of economic activities, development of human capital across all sectors, and
equitable regional development. To this end, the government has passed
legislations to ensure that the rights of vulnerable groups are upheld. These
include Magna Carta for Persons with Disabilities (R.A. No. 7277), Magna Carta
on Women
(R.A. No. 9710), Indigenous Peoples' Rights Act (R.A. No. 8371), Expanded Senior
Citizens Act (RA 9994), and The Child and Youth Welfare Code (Presidential Decree
No. 603).
Table 6.1. lists the relevant laws involving right of the vulnerable groups, to wit
Table 6.1. Relevant Laws Involving Rights of Vulnerable Groups
Summary
Sustainable development is defined as the process of change to meet the
needs of the people without lessening the potential for meeting their future needs, the
needs of other societies, and those of future generations. For sustainable development
to be achieved, it is crucial to harmonize three core elements: economic growth, social
inclusion, and environmental protection. In addition, policy and institutional supports
must be put in place.