RISK MANAGEMENT By:

OUTLINE

1. Vulnerabilities, risk and risk management

2. Right against unreasonable search and seizure
3. Right of a person under custodial investigation
4. Right of a person against unlawful arrest
VULNERABILITIES, RISK AND RISK
MANAGEMENT
 INTRODUCTION

 Definition of vulnerabilities

Refers to the degree of which individuals, communities and

systems are susceptible to or have diminished capacity to cope
to exposure to risk factors

Factors and conditions that put people at risk of human rights

abuses
 EXAMPLES

 Age
 Sex
 Gender
 Sexual orientation
 Social and economic status
 HIV status
 Disability
 Social, cultural, economic, , political legal factors or practices
that leave people disempowered or at risk of human rights
abuse
 VULNERABILIT Y AND RISK

 Definition of vulnerability

 Risk factors
 Risk of human rights abuse
 RISK MANAGEMENT

Q: What is risk management? [Wikipedia adopting ISO 31000]

A: Identification, evaluation and prioritization of risks followed

by coordinated and economical application of resources to
minimize, monitor, and control the probability or impact of
unfortunate events or to maximize the realization of
opportunities
 RISK MANAGEMENT

A: (in business) the forecasting and evaluation of [financial]

risks together with the identification of procedures to avoid or
minimize their impact
 WHAT IS OUR SOURCE OF RISK?

1. Self (right holder)

2. Others (duty bearer)
3. Environment
 ROOT OF RISK

 IGNORANCE

 We don’t know our rights

 We don’t know out obligations
 We don’t know the rights of others
 We don’t know their obligations
 EXERCISE

 What is punishable under the Dangerous Drugs Act of 2002?

 EXERCISE

 Pagdala ng bagay na gamit sa pag-droga (foil, syringe, bong)

 EXERCISE

 Pagtago ng 0.001 gram ng marijuana sa sarili mong bahay

 EXERCISE

 Pag-postice sa resulta ng urine test

 EXERCISE

 Pag-deliver ng isang sachet ng shabu

 EXERCISE

 Pagiging isang trabahador ng isang lugar kung saan may

naka-imbak na shabu
 EXERCISE

 Paghithit ng marijuana
 EXERCISE

 Pagtanim ng marijuana sa bakuran

 EXERCISE

 Pag-import ng opium poppy para sa culinary purpose

SEARCH WARRANTS
 KNOW YOUR RIGHTS:
SEARCH WARRANT

 Right against unreasonable searches and seizures

Q: What is a search warrant?

A: An order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a police of ficer,
commanding him to search for personal property described in
the search warrant and bring it before the court.
 KNOW YOUR RIGHTS:
SEARCH WARRANT

Q: What can be the subject of a search warrant?

A: Personal property which is:

1. Subject of of fense
2. Stolen or embezzled and other proceeds, or fruits of of fense
3. Used or intended to be used as the means of committing an
of fense
 KNOW YOUR RIGHTS:
SEARCH WARRANT

Q: How are search warrants enforced?

A: No search of a house, room, or any other premises shall be

made except in the presence of the lawful occupant thereof or
any member of his family or in the absence of the latter, two
witnesses of suf ficient age and discretion residing in the
locality
 KNOW YOUR RIGHTS:
SEARCH WARRANT

Q: What time can be a search made?

A: The warrant must direct that it be served in the day time.

Exception: The af fidavit asserts that the property is on the

person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the
day or night
 KNOW YOUR RIGHTS:
SEARCH WARRANT

Q: What is the validity of a search warrant?

A: Valid for ten days from its date
 KNOW YOUR RIGHTS:
SEARCH WARRANT

Q: What is a search incident to a lawful arrest?

A: A person lawfully arrested may be searched for dangerous
weapons or anything which may have been used or constitute
proof in the commission of an of fense without a search warrant
CUSTODIAL INVESTIGATION
 THE CASE OF BABST, ET AL V NIB

“The interrogations were not only of fensive to the guarantees of

free speech and free press, the also violated the right to
privacy, the right to withhold information, which are nobody’s
business. Note, for example, that Ms. Babst was asked if she
was really a nun, if she practiced Zen, why she left the Catholic
religion, etc.”
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

Q: What is custodial investigation?

A: Includes the practice of issuing an “invitation” to a person

who is investigated in connection with an of fense he is
suspected to have committed, without prejudice to the liability
of the “inviting” of ficer for any violation of law
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

 Rights of a person arrested, detained or under custodial

investigation:
1. At all times, be assisted by counsel

2. Be informed, in a language known to and understood by

him, of his rights to remain silent and to have competent
and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer with person privately.
If such person cannot af ford the services of his own
counsel, investigating prosecutor shall provide him with one
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

3. Custodial investigation report shall be reduced in writing

buy investigating of ficer, before the report is signed or
thumb-marked and if person arrested or detained does now
know how to read and write, the report shall be read and
adequately explained to him by his counsel; otherwise, the
report shall be null and void and of no ef fect whatsoever
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

4. Any extrajudicial confession made by a person arrested,

detained or under custodial investigation shall be in writing
and signed by such person in the presence of his counsel or
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
chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

5. Any waiver by the person under the provisions of Article 125

of the Revised Penal Code, or under custodial investigation,
shall be in writing and signed by such person in the
presence of his counsel; otherwise the waiver shall be null
and void and of no ef fect
 KNOW YOUR RIGHTS:
CUSTODIAL INVESTIGATION

6. Allowed visits by or conferences with any member of his

immediate family, or any medical doctor or priest or
religious minister chosen by him or by any member of his
immediate family or by his counsel, or by any national NGO
duly accredited by the CHR or by any international NGO duly
accredited by the OP.

“Immediate family” includes (a) spouse or fiancé, (b) parent or

child, (c) brother or sister, (d) grandparent or grandchild, (e)
uncle or aunt, (f) nephew or niece, or (g) guardian or ward
 THE CASE OF PP V MARTI

“On the other hand, the case at bar assumes a peculiar

character since the evidence sought to be excluded was
primarily discovered and obtained by a private person, acting in
his private capacity and without the intervention and
participation of the State authorities. Under the circumstances,
can accused-appellant validly claim that his constitutional right
against unreasonable searches and seizure has been violated?
Stated otherwise, may an act of private individual, alleged in
violation of appellant’s constitutional rights to be invoked
against the State?”
 THE CASE OF PP V MARTI

“We hold in the negative. In the absence of governmental

interference, the liberties guaranteed by the Constitution
cannot be invoked against the State.”
WARRANT OF ARREST
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

 Right against unlawful arrest

Q: What is an arrest?
A: The taking of a person into custody in order that he may be
bound to answer for the commission of an of fense
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

Q: How is an arrest made?

A: Actual restraint or a person to be arrested, or by his

submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an

arrest. The person arrested shall not be subject to a greater
restraint than is necessary for his detention.
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

Q: Should the police of ficer show the warrant of arrest?

A: No. The of ficer need not have the warrant in his possession
at the time of the arrest but after the arrest, of the person
arrested so requires, the warrant shall be shown to him as soon
as practicable.

Q: What is the validity of a warrant of arrest?

A: Valid until served or recalled.
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

Q: What happens after a person is arrested?

A: It is the duty of the of ficer to deliver the person arrested to
the nearest police station or jail without unnecessary delay

Q: What is the time of making an arrest?

A: An arrest may be made on any day and at any time of the day
and night.
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

Q: When is it lawful to arrest without a warrant?

A: A police of ficer or a private person may, without a warrant,
arrest a person:

1. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to
commit an of fense;
 KNOW YOUR RIGHTS:
WARRANT OF ARREST

2. When an of fense 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

3. 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
QUESTIONS AND DISCUSSION.
Thank you!