Module 3.

1 Human Rights in Investigation

Human Rights
in
Investigation
 Module 3.1 Human Rights in Investigation

LESSON GOAL
This lesson is intended to
provide the basic knowledge on
Human Rights Laws that must be
observed at all times

2
 Module 3.1 Human Rights in Investigation

LESSON OBJECTIVES
 Define important terminologies of Human
Rights

 Discuss the salient of International

Humanitarian Law

 Discuss the Constitutional and Legal Bases of

Human Rights Protection
 Module 3.1 Human Rights in Investigation

LESSON OBJECTIVES
 Enumerate Rights of Individual under the Bill of
Rights, Article III in 1987 Philippine
Constitution

 Discuss why PNP should promote Human

Rights
 Module 3.1 Human Rights in Investigation

Definition
(According to the Universal Declaration of
Human Rights (UDHR) proclaimed by the United
Nations General Assembly in December 10,
1948)

Human Rights
o Basic rights and freedoms
o Born free and equal in dignity and rights
 Module 3.1 Human Rights in Investigation

Definition
Commission on Human Rights

Human Rights
o Supreme, Inherent and Inalienable
rights
 Module 3.1 Human Rights in Investigation

Salient Features of International

Humanitarian Law
A. Background:

• Rooted in the rules of Ancient and Religion

• 19th Century Universal Codification of IHL began

were State agrees to series of rules strike a careful
balance between humanitarian concern and military
requirements

• Major development contain in 1949 Four Geneva

Convention were 184 State take part
Module 3.1 Human Rights in Investigation

Salient Features of International

Humanitarian Law
A. Background:
• 1977 two additional Protocol adopted (Protocol I –
afforded to international victims and Protocol II for non-
international

• 1980s-90s international treaties come into force banning

certain conventional weapons.

• 2005 third protocol emblem of Red Crystal then

International provision become customary
 Module 3.1 Human Rights in Investigation

Salient Features of International

Humanitarian Law
A. Concept and Scope:

1. As to protection of its victims (“Geneva

Law” or “Red Cross Law”)

2. As to limitation of its methods and

means (“Hague Law”)
 Module 3.1 Human Rights in Investigation

Salient Features of International

Humanitarian Law
C. Four Treaties of 1949 Geneva Convention:

1. First Geneva Convention (ratified in 1864)

2. Second Geneva Convention (ratified in 1906)

3. Third Geneva Convention (ratified in1929)

4. Fourth Geneva Convention (ratified in1949)

 Module 3.1 Human Rights in Investigation

Salient Features of International

Humanitarian Law
D. State Responsibility:

Adherence to the principles and adopt a

national legislation (RA 9851 December 11, 2009)

E. Individual Responsibility:
o State actors and non-state actors
 Module 3.1 Human Rights in Investigation

Constitutional & Legal Bases of Human

Rights Protection
A. 1987 Philippine Constitution
Article ll: Declaration of Principles & State Policies
 Section 4 - 5
 Section 10 - 11
 Section 22
Article lll: Bill of Rights
 Section 1 - 22

Article Xlll: Social Justice & Human Rights

 Section 1

Article XV: The Family

 Section 3
 Module 3.1 Human Rights in Investigation

Constitutional & Legal Bases of Human

Rights Protection
B. Other laws related to 1987 Philippine Constitution

 R.A. 7438
 R.A. 9262
 R.A. 9344
 R.A. 9851
 R.A. 10350
Module 3.1 Human Rights in Investigation

Article III
BILL OF RIGHTS
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Inherent Power of the State:
o Police Power
o Power of Eminent Domain
o Power of taxation
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Classes of Rights of Citizen:
o Natural Rights
o Constitutional Rights
o Statutory Rights
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BILL OF RIGHTS
Classification of Constitutional Rights:
o Political Rights
o Civil Rights
o Social and Economic Rights
o Rights of the Accused
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 1
Right to LIFE, LIBERTY and
PROPERTY and Equal protection
of law
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BILL OF RIGHTS
Section 2
Arrest, Search and Seizure,
Warrant Probable Cause,
Warrantless Arrest
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BILL OF RIGHTS
Section 3
Every person has the right to
keep his communication or
correspondence a secret
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 4
Freedom of Speech. Right
to a free press; Freedom of
Assembly and Petition
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BILL OF RIGHTS
Section 5
Freedom of Religion
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BILL OF RIGHTS
Section 6

Liberty of abode and the

right to travel
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 7
Right to information
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BILL OF RIGHTS
Section 8
Right to form association
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BILL OF RIGHTS
Section 9
Right to just compensation
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BILL OF RIGHTS
Section 10
Non-Impairment clause
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BILL OF RIGHTS
Section 11
Free access to court and
legal assistance
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BILL OF RIGHTS
Section 12

Rights of Person Under

Custodial Investigation
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BILL OF RIGHTS
Section 13
Right to Bail and Against
Excessive Bail
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BILL OF RIGHTS
Section 14
Right of the Accused
o Due Process of law in Criminal Case
o Presume Innocent Until Proven Guilty
o Confront One’s Accuser
o Basis for Trials in Absentia
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 15
Writ of Habeas Corpus
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BILL OF RIGHTS
Section 16
Right to Speedy Disposition
of Cases
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 17
Right against self-incrimination
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BILL OF RIGHTS
Section 18
Right to political beliefs and
aspirations
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BILL OF RIGHTS
Section 19
The prohibition against
cruel, degrading or inhuman
punishment
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BILL OF RIGHTS
Section 20
Non-Imprisonment of debts
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BILL OF RIGHTS
Section 21
Right against double jeopardy

Course: IOBC
38
 Module 3.1 Human Rights in Investigation

BILL OF RIGHTS
Section 22
Ex-Post Facto Law and bill of
attainder
 Module 3.1 Human Rights in Investigation

Why the PNP must promote and protect

human rights?
AFFIRMATIVE NEGATIVE
 TRUST & CONFIDENCE • LOSSES TRUST
 GOOD RAPPORT WITH THE • CRIMES NOT SOLVE (JUSTICE
COMMUNITY DELAY, JUSTICE DENIED)
 AVOIDANCE OF ADMIN AND • ENDED CAREER
CRIMINAL CHARGES • CRITISM FROM MEDIA AND
 REPUTATION MAINTAIN AND OTHER SECTOR
RESPECTED BY PEOPLE • INTERNATIONAL COMMUNITY
 PROTECTION FROM ABUSE AND RELATION AFFECTED
HUMAN RIGHTS VIOLATION • PEOPLES DISLOYALTY AND JOIN
OTHER GROUPS
• HUMAN RIGHTS VIOLATED
 Module 3.1 Human Rights in Investigation

SUMMARY
In this lesson, we learn:
o Important terminologies of Human Rights
o Salient of International Humanitarian Law
o Constitutional and Legal Bases of Human Rights
o Bill of Rights under Article III of 1987 Philippine
Constitution with emphasis on Section 12 in relation
to RA 7438
o The essence of promoting and protecting Human
Rights as law enforcer
Module 3.1 Human Rights in Investigation

End of Presentation . . . . . .