HUMAN RIGHTS EDUCATION

• PROF: NICOLE DAN D. FULIENTE RCRIM

PRELIM 20% MIDTERM20% SEMIS20% FINALS 40 % TOTAL
85= 17.00% 88= 17.6% 90=18.00% 99=39.6% 92.2%

EXAMS= 60% X 92.2 % = 55.32

QUIZZES 10% = 8
ASSIGNMENT 10% = 9
RECITATION 10% = 10
PROJECT 10% = 10
TOTAL – 37%
+ 55.32
92.32
BASIS OF HUMAN RIGHTS EDUCATION

* CHED MEMORANDUM ORDER (CMO) NO. 05 SERIES OF 2018

SUBJECT: POLICIES, STANDARDS, AND GUIDELINES FOR THE
BSCRIMINOLOGY PPROGRAM.

*SEC. 8 CURRICULUM DESCRIPTION, ARTICLE V, CMO NO. 05

SERIES OF
2018

• THE BSCRIMINOLOGY HAS A TOTAL OF 177 UNITS

• GENERAL EDUCATION
• PROFESSIONAL COURSES; and
• PRACTICUM-
ARTICLE V, CMO NO. 05 SERIES OF 2018 (SEC 9)-
SAMPLE CURRICULUM
PROFESSIONAL COURSES ARE COMPRISE OF
THE FF:
1. CLJ
2. LEA
3. FORENSIC SCIENCE(CRIMINALISTICS)
4. CRIME DETECTON AND INVESTIGATION
5. CRIMINOLOGY(SOCIOLOGY )
6. CORRECTIONAL ADMINISTRATION
ARTICLE V, CMO NO. 05 SERIES OF 2018 (SEC 9)-
SAMPLE CURRICULUM
1. CORE COURSES (19 UNITS) SEC 9. – (CLJ 1 PCJS, CLJ 2, CLJ 3
CLJ 4, CLJ 5, CLJ 6)
2. MAJOR COURSES (105 UNITS) SEC. 9
1. 4 LEA
2. 6 FORENSIC SCIENCE
3. 9 CDI
4. 8 CS
5. 3 CA
6. 2 CP
7. 2 CFLM
 SEC 9
THE MAJOR COURSES ARE
COMPRISED OF THE FOLLOWIING:
1. 4 LEA
2. 6 FORENSIC SCIENCE
3. 9 CDI
4. 8 CRIMINOLOGY
5. 3 CA
6. 2 CP
7. 2 CFLM
 SEC 9
THE CORE COURSES ARE COMPRISED OF THE
FOLLOWING:
1. CLJ 1 (INTRO TO PCJS)
2. CLJ 2 (HUMAN RIGHTS EDUCATION)
3. CLJ 3 (CRIMINAL LAW 1)
4. CLJ 4 (CRIMINAL LAW 2)
5. CLJ 5 (EVIDENCE); &
6. CLJ 6 (CRIMINAL PROCEDURE AND COURT
TESTIMONY)
PCAP- PROFESSIONAL CRIMINOLOGIST ASSOCIATION
OF THE PHILIPPINES.

COURSE DESCRIPTION
• THIS COURSE DEALS ABOUT THE RELATIONS OF HUMAN
RIGHTS, FREEDOM, THE GOVERNMENT AND ITS POWER TO
MAKE LAWS, THE ROLES OF STATE ACTORS AND NON-STATE
ACTORS ON HUMAN RIGHTS, AND THE NATIONAL AND
INTERNATIONAL VENUE FOR THE PROTECTION OF HUMAN
RIGHTS.
COURSE OUTLINE
1. FUNDAMENTAL CONCEPTS AND PRINCIPLES OF
HUMAN RIGHTS
2. FREEDOM VS. HUMAN RIGHTS
3. THE STATE/GOVERNMENT, ITS POLICE POWER,
AND HUMAN RIGHTS
4. UNIVERSAL DECLARATION OF HUMAN RIGHTS
5. HUMAN RIGHTS LEGAL FRAMEWORK IN THE
PHILIPPINES
6. BILL OF RIGHTS AND CONSTITUTIONAL RIGHTS
7. STATUTORY RIGHTS
A. RIGHTS OF THE ACCUSED ( 1987 PHIL.
CONSTITUTION)
B. RIGHTS OF A PERSON UNDER CUSTODIAL
INVESTIGATION, AND DEPRIVATION OF
LIBERTY(RA 7438)
C. WOMEN AND CHILDREN’S RIGHTS( RA 9262)
D. RIGHTS OF CULTURAL MINORITIES OR
INDIGENOUS PERSON
E. RIGHTS OF PRISONERS
F. HUMAN RIGHTS AND THE CJS

8. THE UN INTERNATIONAL CONVENTION ON

9. HUMAN RIGHTS AND MUNICIPAL COURTS OF
LAW, AND THE INTERNATIONAL CRIMINAL COURT
AND THE INTERNATIONAL COURT OF JUSTICE.
FUNDAMENTAL
CONCEPTS AND
PRINCIPLES OF
HUMAN RIGHTS
HUMAN – A HUMAN BEIING, ESPECIALLY A
PERSON AS DISTINGUISHED FROM AN ANIMAL
OR (IN SCIENCE FICTION) AN ALIEN.

RIGHT- AN ENTITLEMENT TO SOMETHING,

WHETHER TO CONCEPTS LIKE JUSTICE AND
DUE PROCESS, OR TO OWNERSHIP OF
PROPERTY OR SOME INTEREST IN PROPERTY,
REAL OR PERSONAL.
HUMAN RIGHTS – BASIC RIGHTS AND FREEDOMS
THAT BELONG TO EVERY PERSON IN THE WORLD, FROM
BIRTH UNTIL DEATH.

*THEY APPLY REGARDLESS OF WHERE YOU ARE FROM,

WHAT YOU BELIEVE OR HOW YOU CHOOSE TO LIVE YOUR
LIFE.

*THEY CAN NEVER BE TAKEN AWAY, ALTHOUGH THEY

CAN SOMETIMES BE RESTRICTED- FOR EXAMPLE IF A
PERSON BREAKS THE LAW, OR IN THE INTERESTS OF
NATIONAL SECURITY.

*THOSE RIGHTS WHICH ARE INHERENT IN OUR NATURE,

*ALLOW US TO DEVELOP AND USE OUR
HUMAN QUALITIES, INTELLIGENCE, TALENTS
AND CONSCIENCE, AND TO SATISFY OUR
SPIRITUAL AND OTHER NEEDS.

*SUPREME, INHERENT, AND INALIENABLE

RIGHTS TO LIFE, DIGNITY, AND SELF
DEVELOPMENT

* THE ESSENCE OF THESE RIGHTS MAKES

MAN HUMAN.
 BASIC CHARACTERISTICS OF HUMAN
RIGHTS
*INHERENT- NOT GRANTED BY ANY PERSON OR
AUTHORITY

*FUNDAMENTAL- WITHOUT THEM, THE LIFE AND

DIGNITY OF MAN WILL BE MEANINGLESS.
INALIENABLE
-CANNOT BE RIGHTFULLY TAKEN AWAY FROM
FREE INDIVIDUAL.
- CANNOT BE GIVEN AWAY OR BE FORFEITED.

IMPRESCRIPTIBLE
- CANNOT BE LOST EVEN IF MANS FAILS TO USE OR
ASSERT THEM, EVEN BY A LONG PASSAGE OF TIME.
INDIVISIBLE
- NOT CAPABLE OF BEING DIVIDED
- CANNOT BE DENIED EVEN WHEN OTHER
RIGHTS HAVE ALREADY BEEN ENJOYED.

UNIVERSAL- APPLIES IRRESPECTIVE OF ONE’S

ORIGIN, STATUS, OR CONDITION OR PLACE WHERE
ONE LIVES.

- RIGHTS CAN BE ENFORCED WITHOUT THE NATIONAL

BORDERS.
 INTERDEPENDENT
-THE FULFILLMENT OR EXERCISE OF ONE
CANNOT BE HAD WITHOUT THE
REALIZATION OF THE OTHER
Human Rights Principles :

  The dignity of man and human life is inviolable.

From the dignity of man is derived the right of every
person to free development of his personality.

  A legitimate state should exist to assure that in the

discharge of the governmental functions, the dignity that
is the birthright of every human being is duly
safeguarded.
1.Classification of Rights:

*ACCORDING TO SOURCE
*ACCORDING TO THE
RECIPIENT
*ACCORDING TO THE ASPECT
OF LIFE
*ACCORDING TO STRUGGLE
FOR RECOGNITION.
ACCORDING TO SOURCE
Natural Rights
 God-given rights, acknowledged by
everybody to be morally good
 Unwritten, but prevail as norms of the
society
Constitutional Rights
 Conferred and protected by the Constitution and which
cannot be modified or taken away by the law- making
body
Statutory Rights
 Those rights which are provided by law
promulgated by the law- making body May
ACCODRDING TO RECIPIENT
1. Individual Rights
 Accorded to individuals
2. Collective Rights
  Also called “people’s rights” or
“solidarity rights”
  Rights of the society, those that
can be enjoyed only in company with others
ACCORDING TO ASPECT OF LIFE
1.1 Civil Rights
1. Rights which the law will enforce at the instance
of private individuals for the purpose of securing to
them the enjoyment of their means of happiness
2. Partake of the nature of political rights when
they are utilized as a means to participate
Government

2. Political Rights
 Rights which enable participate in running the
affairs of the government either directly or
indirectly
3. Economic and Social Rights
 Those which the law confers upon
the people to enable them to achieve social
and economic development

4. Cultural Rights
 Rights that ensure the well-being of
the individual and foster the preservation,
enrichment, and dynamic evolution of national
culture based on the principle of unity in diversity
in a climate of free artistic and intellectual
expression
ACCORDING TO STRUGGLE FOR RECOGNITION
1. First Generation Rights
  Civil and political rights which derives primarily from the 17
th

and 18 centuries’ reformist theories

th

  Conceives of human rights more in negative (“freedom from”)

than positive (“rights to”) terms
  Favors the abstention rather the intervention of government in
the exercise of freedoms and in the quest for human dignity
Second Generation Rights
  Covers economic, social, and
cultural rights which find their origin primarily in the
socialist tradition
  Conceives of human rights more in positive terms
  Fundamental claims to social equality

Third Generation Rights

 Covers collective rights
ACORDING TO DEROGABILITY
1. Absolute or Non-Derogable Rights
 Those that cannot be suspended
nor taken away nor restricted/limited even in
extreme
emergency government security and even
invokes NATIONAL SECURITY.
. Derogable or Can-Be-Limited Rights
2
 May be suspended or restricted or limited depending on
the circumstances which call for the preservation of social
life
 Must satisfy three requirements for it to be valid:

1.It is provided for by law which is made known to every

citizen;

2.There is a state of emergency which necessitates the

urgent preservation of the public good, public safety, and
public moral;
Categories of Human Rights
1. Fundamental Freedom in Political Rights
Freedom of conscience and religion
i.

2.Freedom of thought, belief, opinion and

expression
3.Freedom of the press and
communication
4.Freedom of association, freedom of
peaceful assembly
5. Rights to reputation, and dignity
2. Democratic Rights
 Commonly exercised in a
democratic state
i. Right to vote and to participate in
the electoral process

ii. Right to participate in public or

governmental affairs
3. Mobility Rights
 National and international in character
Right to travel
Right to return to one’s country
Freedom of movement within the country
4. Right to Life,Liberty, and Security of the PERSON
 Represent the core of fundamental rights
which relate to the right to physical and
personal integrity, consistent with human
dignity

i. Right to protection against political and

other extrajudicial killings, the
disappearances of persons, and torture
and other cruel inhuman or degrading
treatment or punishment
5. Legal Rights
 Constitute due process that can be invoked by persons
accused
1.Freedom from arbitrary arrest and detention
2.Protection against unreasonable search and seizure
3.Right to counsel
4.Right to fair and public trial
5.Presumption of innocence
6.Right against self- incrimination
6. Rights of Equality
•  Also known as the right against
discrimination

•  Everyone is equal before the law and is

entitled to equal protection or the equal
benefit of the law i. Protection against
discrimination on the grounds of sex, race, religion,
ethnic origin, age, marital status, and political and social
condition
7. Economic, Social and Cultural Rights
 Considered more of standards to be observed by the state
i. Right to social security, social insurance, protection and assistance to
the family

Right to an adequate standard of living, adequate food, clothing and

housing

Right to physical and mental health

Right to education

Right to be part of the artistic and scientific life of the country

8.Workers’ Rights
Right to association
Right to organize unions
Right to bargain collectively
Prohibition of forced labor
Prohibition of employment of children
Guarantee of minimum wages and other support
9 . ABORIGINAL RIGHTS
Associated with the rights of Indigenous cultural tribes
or communities

10. Reproductive Rights

i. Right to found a family and bear children
ii.Right to gender sensitivity and the biomedical
technology
iii. Right to family planning
11. Protective Rights of Persons in
Armed conflicts
 Provided in the international humanitarian law
for the protection of children, women and non-
combatants during internal armed conflicts
12.Right of Self-determination
i. Right of people to be free from colonial rule
ii. Right of people to decide their own destiny

13.Minority Group Rights

Protection of ethnic, linguistic and religious
HISTORY, THEORIES OF SOURCES AND
DEVELOPMENT OF HUMAN RIGHTS

History
  Human rights were asserted by the citizens against
tyrannical governments. They arose from the struggle of man
against injustices of despotic rulers.

  The struggle for the respect of human rights was originally

a domestic or national issue.
  The atrocities committed on masses of people during
World War II have convinced international jurists that
the protection of human rights should be an international
concern.

o Respect for human rights mainly concerns individuals

without distinction as to nationality or citizenship.

o Violation of human rights are offenses without borders.

Theories of Sources of Rights:
1. Religious/Theological Approach
o A basis of human rights theory stemming
from a law higher than the state and whose
source is the Supreme Being.

 Human rights are not concessions granted

by human institutions or states, or any
international organization as they are God-
given rights.
o Central to the doctrines of all religions is the
concept of dignity of man as a consequence of
human rights.

o The divine source gives human beings a high value

of worth.

o The belief of a universal common creation means a

common humanity and consequently universal, basic
and fundamental rights. And since rights come from
a divine source, they are inalienable and cannot be
denied by mortal beings.

o Criticism: Some religions impose so many

2. Natural Law Theory
o Originated from the Stoics and elaborated by
Greek philosophers and later by ancient Roman law
jurists.

o Perceives that the conduct of men must always conform

to the law of nature.

o Natural law embodies those elementary principles of

justice which were right reason, i.e., in accordance with
nature, unalterable, eternal.
o Philosophers:
•  Thomas Aquinas –
•considered natural law as the law of right reason in accordance with
the law of God, commonly known as the scholastic natural law

•  Hugo Grotius – the natural characteristics of human beings are

the social impulse to live peacefully and in harmony with others
whatever conformed to the nature of men as natural human beings
was right and just; whatever is disturbing to social harmony is wrong
and unjust

•  John Locke – envisioned human beings in a state of nature,

where they enjoyed life, liberty and property which are deemed
natural rights

o Became the basis of the natural rights of man against oppressive

rulers
3. Positivist Theory/Legal Positivism
o All rights and authority come from the state and what officials
have promulgated.
o The only law is what is commanded by the sovereign.
o The source of human rights is to be Found only in the enactment
of a law with sanctions attached.
o A right is enjoyed only if it is recognized and protected by
legislation promulgated by the state.

4. Historical Theory
o Advocates that human rights are not deliberate creation or the
effort of man but they have already existed through the common
Consciousness of the people of what is right and just.

*Human rights exist through gradual, spontaneous and evolutionary

process without any arbitrary will of any authority.
5. Theory of Marxism
o Emphasizes the interest of society over an
individual man’s interest. Individual freedom is
recognized only after the interest of society is
served.

o Concerned with economic and social rights

over civil or political rights of community.

o Referred to as “parental” with the political

body providing the guidance in value choice. But
the true choice is the government set by the
state
6. Functional/Sociological Approach
o Human rights exist as a means of social
control, to serve the social interests of society.

o Lays emphasis of obtaining a just equilibrium

of multifarious interests among prevailing moral
sentiments and the social and economic
conditions of the time and place.
7. Utilitarian Theory
o Seeks to define the notion of rights
in terms of tendencies to promote specified ends such as
common good.
o Every human decision was motivated by some
calculation of pleasure and pain. The goal is to promote
the greatest happiness of the greatest number.
o Everyone is counted equally, but not treated equally.
o Requires the government to maximize the total net
sum of citizens.
o An individual cannot be more important than the
entire group. A man cannot simply live alone in
disregard of his impulse to society.
o The composite society of which the individual is a unit
has on its own wants, claims and demands. An act is
8. Theory Based on Dignity of Man/Policy Science
Approach

o Human rights means sharing values of all

identified policies upon which human rights
depend on o The most important values are respect,
power, knowledge, health, and security.

o The ultimate goal of this theory is a world community

where there is democratic sharing and distribution of values.

o All available resources are utilized to the maximum and the

protection of human dignity is recognized.
9. Theories of Justice
o Each person possesses inviolability founded
on justice.
o The rights secured for justice are not
subject to political bargaining or to social
interests.
o Each person has equal rights to the whole
system of liberties. There is no justice in a
community where there are social and
economic inequalities.
o The general conception of justice is one of
fairness and those social primary goods such
10. Theory Based on Equality and Respect
of Human Dignity

o The recognition of individual rights in the

enjoyment of the basic freedoms such as
freedom of speech, religion, assembly, fair trial
and access to courts.

o Governments must treat all their citizens

equally. For this purpose, the government must
intervene in order to advance general welfare.
Origin of Human Rights in the
Philippines
20 June 1899 – Malolos Constitution: contained several
provisions
on civil and political rights

1902 – Philippine Bill of 1902

1916 – Philippine Autonomy Act of 1916/Jones Law

1934- THE Philippine independence act of 1934/Tydings

Mcduffy law

1935 – First Philippine Constitution: contained Bill of Rights

 From 1942 to 1944, the Filipinos were
temporarily deprived of the enjoyment
of the civil and political rights during
the military rule of Japan. But these
were immediately restored in 1945.

 The Filipinos were again subjected to

violation of human rights during the
authoritarian rule of President Marcos, which
was terminated during the February 1986
revolution.
The Philippine Commission on Human Rights
Creation: Mandated by the 1987
Constitution; formally constituted by
President Aquino’s Executive Order No.
163

Composition and Qualifications: One

Chairman and four Members, who must be
natural-born citizens of the Philippines and
a majority of whom shall be members of
the Bar (Section 17, Art. XIII, 1987
Constitution)
Powers and Functions: (Section 18, Art. XIII, 1987
Constitution)
(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
(4)  Exercise visitorial powers over jails,
prisons, or detention facilities;

(5)  Establish a continuing program of

research, education, and information to
enhance respect for the primacy of human
rights;

(6)  Recommend to Congress effective

measures to promote human rights and to
provide for compensation to victims of
violations of human rights, or their
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
The Declaration of Human Rights
 A mere declaration of norms to serve as a

common standard of achievement for all nations

 UN did not direct its members to enforce them;
no sanctions or enforcement machinery was set up
 Article 55 of the UN Charter directs members to
pledge themselves to the joint and separate action
in cooperation with the UN to achieve universal
respect for an observance of human rights and
fundamental freedoms
 Although it is not a legally binding
document, most nations have
recognized the principles of the
Declaration which have gained moral weight
and persuasion in the domestic offices

 Its principles have been adopted in most

state constitutions
1. Freedom and Equality

 First eight articles emphasize that all

human beings, without distinction, are
born free and equal in dignity and rights
Article 1. All human beings are born
free and equal in dignity and rights.
They are endowed with reason and
conscience and should act towards
one another in a spirit of
brotherhood.
Article 2. Everyone is entitled to all the
rights and freedoms set forth in this
Declaration, without distinction of any kind,
such as race, color, sex, language, religion,
political or other opinion, national or social
origin, property, birth or other status.
Furthermore, no distinction shall be made
on the basis of the political, jurisdictional,
or international status of the country or
territory to which a person belongs,
whether it be independent, trust, non-self-
governing or under any other limitation of
Article 3. Everyone has the right to life,
liberty, and security of person.

Article 4. No one shall be held in slavery or

servitude; slavery and the slave trade shall
be prohibited in all their forms.

Article 5. No one shall be subjected to torture

or to cruel, inhuman or degrading treatment
or punishment.
Article 6. Everyone has the right to
recognition everywhere as a person before
the law.

Article 7. All are equal before the law and

are entitled without any discrimination to
equal protection of the law. All are entitled
to equal protection against any
discrimination in violation of this
Declaration and against any incitement to
Article 8. Everyone has the right
to an effective remedy by the
competent national tribunals for
acts violating the fundamental
rights granted him by the
constitution or by law.
2. Liberty, Security, and Recognition of Persons
Article 9. No one shall be subjected to
arbitrary arrest, detention or exile.

Article 10. Everyone is entitled in full equality

to a fair and public hearing by an independent
and impartial tribunal, in the determination of
his rights and obligations and of any criminal
charge against him.
Article 11.
1.(1)  Everyone charged with a penal offense has
the right to be presumed innocent until proved
guilty according to law in a public trial at which
he has had all the guarantees necessary for his
defense.

2.(2)  No one shall be held guilty of any penal

offense on account of any act or omission which
did not constitute a penal offense, under national
or international law, at the time when it was
committed. Nor shall a heavier penalty be
Article 12. No one shall be subjected
to arbitrary interference with his
privacy, family, home or
correspondence, nor to attacks upon
his honor and reputation. Everyone
has the right to the protection of the
law against such interference or
attacks.
Article 14.
(1)Everyone has the right to seek and
enjoy in other countries asylum
from persecution.

(2) This right may not be invoked in the

case of prosecutions genuinely arising
from non-political crimes or from acts
contrary to the purposes and principles
of the United Nations.
 3. Right to Privacy

Article 13.
(1) Everyone has the right to freedom of
movement and residence within the
borders of each state.
(2)Everyone has the right to leave any
country, including his own, and to return to
his country.
 4. Nationality and the Family
Article 15.
(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his

nationality nor denied the right to change
his nationality.
Article 16.
(1)  Men and women of full age, without any
limitation due to race, nationality or religion,
have the right to marry and found a family. They
are entitled to equal rights as to marriage, during
marriage and at its dissolution.

(2)  Marriage shall be entered into only with the

free and full consent of the intending spouses.

(3)  The family is the natural and fundamental

group unit of society and is entitled to protection
by society and the State.
5. Right to Own Property
 Ownership of external goods
assures a person a highly
necessary sphere for the exercise
of his personal and family
autonomy and ought to be
considered as an extension of
human freedom.
Article 17.
(1)  Everyone has the right to own
property alone as well as in association
with others.

(2)  No one shall be arbitrarily deprived

of his property.
6. Freedom of Thought,
Conscience, and Religion
Article 18. Everyone has the right to
freedom of thought, conscience and
religion; this right includes freedom to
change his religion or belief, and
freedom, either alone or in community
with others and in public or private, to
manifest his religion or belief in
teaching, practice, worship and
observance.
Article 19. Everyone has the right
to freedom of opinion and
expression; this right includes
freedom to hold opinions without
interference and to seek, receive
and impart information and ideas
through any media and regardless
of frontiers.
HUMAN RIGTHS
EDUCATION
PROF. NICOLE DAN D. FULIENTE
BILL OF RIGHTS ( ART. III 1987 CONSTITUTION)

• IT IS A DECLARATION AND ENUMERATION OF A

PERSON’S RIGTHS AND PRIVILEGES WHICH THE
CONSTITUTION IS DESIGNATED TO PROTECT
AGAINST VIOLATION BY THE GOVERNMENT OR BY
INDIVIDUAL OR GROUPS OF INDIVIDUALS. IT IS A
CHARTER OF LIBERTIES FOR THE INDIVIDUAL AND
A LIMITITATION UPON THE POWER OF THE STATE.

• NUMBER OF RIGTHS: 22
SECTION I: NO PERSON SHALL BE DEPRIVED OF
LIFE, LIBERTY, OR PROPERTY WITHOUT DUE
PROCESS OF
LAW, NOR SHALL ANY PERSON BE DENIED THE
EQUAL PROTECTION OF THE LAWS.

WHAT IS DUE PROCESS?

• UNDER THE AUTHORITY OF THE LAW THAT IS
VALID UNDER THE CONSTITUTION ITSELF, AND

• AFTER COMPLIANCE WITH FAIR AND

REASONABLE METHODS OF PROCEDURE
WHAT CONSTITUTES DEPRIVATION?

• DEPRIVATION OF LIFE- THE LOSS OF ANY OF

THE VARIOUS PHYSICAL AND MENTAL
ATTRIBUTES
WHICH MAN MUST HAVE TO LIVE AS HUMAN
BEING.

• DEPRIVATION OF LIBERTY- THAT ONE IS DULY

PREVENTED FROM ACTING AWAY HE WISHES TO
DO.

• DEPRIVATION OF PROPERTY- WHEN ITS VALUE

WHAT IS THE MEANING OF EQUAL
PROTECTION OF THE LAW?

• IT SIGNIFIES THAT ALL PERSONS SUBJECT

TO LEGISLATION SHOULD BE TREATED
ALIKE UNDER THE CIRCUMSTANCES AND
CONDITIONS BOTH IN THE PRIVILEGES
CONFERRED AND LIABILITIES IMPOSED.
SECTION II: THE RIGTH OF THE PEOPLE TO BE
SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND
EFFECTS AGAINST UNREASONABLE SEARCHES AND
SEIZURES OF WHATEVER NATURE AND FOR ANY
PURPOSE SHALL BE INVIOLABLE, AND NO SEARCH
WARRANT OR WARRANT OF ARREST SHALL BE ISSUE
EXCEPT UPON PROBABLE CAUSE TO BE DETERMINED
PERSONALLY BY THE JUDGE AFTER EXAMINATION
UNDER OATH OR AFIRMATION OF THE COMPLAINANT
AND THE WITNEESS HE MAY PRODUCE, AND
PARTICULARLY DESCRIBING THE PLACE TO BE
SEARCH AND THE PERSONS OR THINGS TO BE SEIZED.
SCOPE OF PROTECTION

• PERSONS- APPLIES TO EVERY CITIZEN OF THE PHILIPPINES

INCLUDING ALIENS.

• HOUSES- NOT LIMITED TO DWELLING BUT EXTENDS TO A

GARAGE, WAREHOUSE, SHOP, STORE AND EVEN A SAFETY
DEPOSIT VAULT.

• PAPERS AND EFFECT- INCLUDE SEALED LETTERS AND

PACKAGES IN THE MAIL WHICH MAY BE OPENED AND
EXAMINED ONLY IN PURSUANCE OF A SEARCH WARRANT.
WHAT IS PROBABLE CAUSE?

• FACTS AND CIRCUMSTANCES AS

ARE SUFFICIENT TO ENGENDER A
WELL-FOUNDED BELIEF THAT A
CRIME HAS BEEN COMMITTED AND
THAT RESPONDENT IS PROBABLY
GUILTY THEREOF, AND SHOULD BE
HELD FOR TRIAL.
WARRANT OF ARRST VS. SEARCH WARRANT

• A SEARCH WARRANT
IS AN ORDER IN WRITING, SIGNED BY A
JUDGE IN THE NAME OF THE PEOPLE OF THE PHILIPPINES,
AND DIRECTED TO A PEACE OFFICER, COMMANDING HIM
TO SEARCH FOR PERSONAL PROPERTY AND BRING IT
BEFORE THE COURT.

• WHAT IS WARANT OF ARREST.

- AN ORDER SIGNED BY THE JUDGE DIRECTED
TO A PEACE OFFICER COMMANDING HIM TO ARREST THE
PERSON SPECIFIED THEREIN AND DELIVER THEM BEFORE
THE COURT.
ARREST WITHOUT A WARRANT
a. “WHEN IN HIS PRESENCE THE PERSON TO BE ARRESTED HAS COMMITTED, IS
ATUALLY COMMITNG, OR IS ATTEMPTING TO COMMIT AN OFFENSE”( PAR. A, SEC 5,
RULE 113);
• ALSO TERMED AS IN FLAGRANTE DELICTO ARREST.

• REQUIREMENTS THAT MUST BE PRESENT:

1) FIRST, 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) SECOND, SUCH OVERT ACT IS DONE IN THE PRESENCE OR WITHING THE VIEW OF
THE ARRESTING OFFICER.

IT IS NOT SUFFICIENT THAT THE SUSPECT EXHIBITS UNUSUAL OR STRANGE ACTS OR

SIMPLY APPEARS SUSPICIOUS.
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.” (PAR. B, SEC. 5, RULE 113);

THIS IS ALSO KNOWN AS HOT PURSUIT ARREST. THE PHRASE “HAS

JUST BEEN COMMITTED “ CONNOTES “ “IMMEDIACY”.

THE MEASUREMENT OF IMMEDIACY IS BETWEEN THE TIME THE

OFFENSE
C. “WHEN THE PERSON TO BE ARRESTED IS A
PRISONER WHO HAS ESCAPED FROM A PENAL
ESTABLISHMENT OR PLACE WHERE HE IS
SERVING FINAL JUDGEMENT OR IS TEMPORARILY
CONFINED WHILE HIS CASE IS PENDING, OR HAS
ESCAPED WHILE BEING TRANSFERRED FROM ONE
CONFINEMENT TO ANOTHER” (PAR. C, SEC. 5,
RULE 113).
WHEN CAN BE SEARCH BE MADE WITHOUT A
WARRANT?

1. WARRANTLESS SEARCH INCIDENTAL TO A LAWFUL

ARREST
- A PERSON LAWFULLY ARRESTED MAY BE
SEARCHED FOR DANGEROUS WEAPONS OR ANYTHING
WHICH MAY HAVE BEEN USED OR CONSTITUE PROOF
IN THE COMMISSION OF AN OFFENSE WITHOUT A
SEARCH WARRANT.

NOTE: THE ARREEST MUST PRECEDE FROM

SEARCH AND IN GENERAL SENSE THE PROCESS
CANNOT BE REVERSED.
2. SEARCH OF EVIDENCE IN PLAIN VIEW
PLAIN VIEW SIMPLY MEANS ANYTHING SEEN ON PLAIN SIGTH OR
HAVING VISUAL ON THINGS THAT ARE READILY OBSERVABLE.
• THE EVIDENCE MUST BE IMMEDIATELY APPARENT;
• THE EVIDENCE WAS INADVERTENTLY DISCOVERED BY THE POLICE
WHO HAVE THE RIGHT TO BE WHERE THEY ARE

• INADVERTENCE- MEANS THAT THE POLICE OFFICERS

CONDUCTING THE SEARCH MUST BER NO KNOWLEDGE THAT THE
EVIDENCE WAS PRESENT IN THAT PLACE AND THAT UPON
EXECUTION OF SEARCH , SUCH WAS ACCIDENTALLY DISCOVERED.
3. SEARCH TO A MOVING VEHICLE- THE
VEHICLES INHERENT MOBILITY REDUCES
EXPECTTION OF PRIVACY ESPECIALLY WHEN
ITS TRANSIT IN PUBLIC THOROUGHFARES
FURNISHES A HIGHLU REASONABLE
SUSPICION AMOUNTING TO PROBABLE
CAUSE THAT THE OCCUPANT COMMITTED A
CRIMINAL ACTIVITY.
4. CONSENTED WARRANTLESS SEARCH
- CONSENTED WARRANTLESS SEARCH REFERS TO THE ACT OF
RELINQUISHING OR ABANDONING THE RIGTH AGAINST SEARCH.

1. THE AGE OF THE DEFENDANT;

2. WHETHER HE WAS IN A PUBLIC OR SCHEDULED LOCATION;
3. WHETHER HE OBJECTED TO THE SEARCH OR PASSIVELY LOOKED
ON;
4. THE EDUCATION AND INTELLIGENCE OF THE DEFENDANT;
5. THE PRESENCE OF COERCIVE POLICE PROCEDURES;
6. DEFENDANT’S BELIEF THAT NO INCRIMIINATING EVIDENCE WILL
BE FOUND;
7. THE NATURE OF THE POLICE QUESTIONING;
8. THE ENVIRONMENT IN WHICH THE QUESTIONING TOOK PLACE;
and
9. THE POSSIBLY VULNERABLE SUBJECTIVE STATE OF THE PERSON
5. CUSTOMS SEARCH
– POLICE OFFICERS GENERALLY EMPOWERED
BY LAW TO EFFECT ARREST AND EXECUTE PROCESSES OF
COURTS, WHEN ACTING UNDER THE DIRECTION OF THE
COLLECTOR (SEE PAR. D, SEC. 2203, R.A 1937) HAS
AUTHORITY TO CONDUCT CUSTOM SEARCHES WITHIN THE
JURISDICTION OF THE BUREAU OF CUSTOMS.
6. STOP ANF FRISK OR TERRY SEARCHES
THE ACT OF A POLICE OFFICER TO STOP A CITIZEN ON THE
STREET, INTERROGATE HIM, AND PAT HIM FOR WEAPONS
OR CONTRABAND. THE GROUNDS OF SUSPICION ARE
REASONABLE WHEN IS BASED ON ACTUAL FACTS
STRONG TO CREATE THE PROBABLE CAUSE.

“STOP AND FRISK” – SEARCH SHOULD BE LIMITED TO

OUTER CLOTHING.

POLICE OFFICERS SHOULD NOT RELY ON SINGLE

SUSPICIOUS CIRCUMSTSNCE, THERE SHOULD BE A
‘PRESENCE OF MOE THAN ONE SEEMINGLY INNOCENT
ACTIVITY, WHICH, TAKEN TOGETHER, WARRANTED A
REASONABLE INFERENCE OF CRIMINAL ACTIVITY”.
7.
EXIGENT AND EMERGENCY CIRCUMSTANCES
- REFERS TO SITUATIONS OR EVENTS THAT
REQUIRE QUICK OR INSTANTANEOUS JUDGEMENT OR
DESCISION FROM THE POLICE OFFICER.

EXAMPLES:
 ACCESS TO A BURNING HOUSE TO RESCUE AN
OCCUPANT
 A POLICE OFFICER HEARING GUNFIRE INSIDE THE
HOUSE
 EMERGENCY AID TO A PERSON BEING INJURED INSIDE
THE BUILDING
 RESPONSE TO A PERSON WHO SCREAMS FOR HELP
INSIDE AN ESTABLISHMENT
8. INSPECTION OF BUILDINGS AND OTHER PREMISE
FOR THE EV1RONMENT

- INSPECTION OF BUILDINGS AND OTHER

PREMISES FOR THE ENFORCEMENT OF FIRE,
SANITARY
AND BUILDING REGULATIONS.
SEC. III: THE PRIVACY OF COMMUNICATION AND
CORRESPONDENCE SHALL BE INVIOLABLE EXEPT
UPON LAWFUL ORDER OF THE COURT, OR WHEN
PUBLIC SAFETY OR ORDER REQUIRES OTHERWISE AS
PRESCRIBED BY
LAW.

WHATI IS RIGTH OF PRIVACY?

• IS CONCISELY DEFINES AS THE RIGHT TO BE LEFT

ALONE OR TO BE FREE FROM UNDESIRED
PUBLICITY WITHOUT UNWARRANTD INTERFERENCE
BY THE PUBLIC IN MATTERS WITH WHICH THE
WARRANT TO INTERCEPT COMPUTER DATA ( WICD)

- IT IS AN ORDER IN WRITING ISSUED IN THE NAME

OF THE PEOPLE PHILIPPINES, SIGNED BY A JUDGE, UPON
APPLICATION OF LAW ENFORCEMENT AUTHORITIES,
AUTHORIZING THE LATTER TO CARRY OUT ANY OR CALL
ALL OF THE FOLLOWING ACTIVITIES:

1. LISTENING TO;
2. RECORDING;
3. MONITORING; OR
4. SURVEILLANCE OF THE CONTENT OF COMMUNICATIONS,
EAVESDROPPING OR TAPPING DEVISE
WHAT IS RIGTH OF PRIVACY
- IS CONCISELY DEFINES AS THE
RIGHT TO BE LEFT ALONE OR TO BE FREE
FROM UNDESIRED PUBLICITY WITHOUT
UNWARANTED WITHOUT UNWARRANTED
INTERFERENCE BY THE PUBLIC IN MATTERS
WITH WHICH THE PUBLIC IS NOT
NECESSARILY CONCERNED.
SECTION IV: NO LAW SHALL BE PASSED ABRIDGING
THE FREEDOM OF SPEEH, OF EXPRESSION, OR OF
THE PRESS, OR THE RIGHT OF THE PEOPLE
PEACEABLY TO ASSEMBLE AND PETITION THE
GOVERNMENT FOR REDRESS OF GRIEVANCES.

WHAT IS FREEDOM OF EXPRESSION?

- THE RIGHT TO FREELY UTTER AND PUBLISH
WHATEVER ONE PLEASES WITHOUT PREVIOUS
RESTRAINT, AND TO BE PROTECTED AGAINST ANY
RESPONSIBILITY FOR SO DOING AS LONG AS IT DOES
NOT VIOLATE THE LAW, OR INJURE SOMEONE’S
LIMITATIONS

• SLANDER- MAKING A FALSE STATEMENT

DAMAGING ONE’S REPUTATION. ORAL
DEFAMATION AGAINST ANOTHER

• LIBEL – PUBLISHED FALSE STATEMENTS THAT

DAMAGE ONE’S REPUTATION
SECTION 5. NO LAW SHALL BE MADE
RESPECTING AN ESTABLISHMENT OF
RELIGION, OR PROHIBITING THE FREE
EXERCISE THEREOF. THE FREE EXERCISE AND
ENJOYMENT OF RELIGIOUS PROFESSION AND
WORSHIP, WITHOUT DISCRIMINATION OR
PREFERENCE, SHALL FOREVER BE ALLOWED.
NO RELIGIOUS TEST SHALL BE REQUIRED FOR
THE EXERCISE OF CIVIL OR POLITICAL
RIGHTS.
RELIGIOUS FREEDOM
- THE RIGHT TO WORSHIP GOD, AND TO
ENTERTAIN SUCH RELIGIOUS VIEWS AS APPEAL
TO HIS INDIVIDUAL CONSCIENCE, WITHOUT
DICTATION OR INTERFERENCE BY ANY PERSON
OR POWER, CIVIL OR ECCLESIASTICAL.
WHAT IS RELIGIOUS TEST?

ONE DEMANDING THE AVOWAL OR

REPUDIATION OF CERTAIN BELIEFS BEFORE THE
PERFORMANCCE
OF ANY ACT.

EXAMPLE: LAWS PRESCRIBING THE RELIGIOUS

QUALIFICATION OF PUBLIC OFFICIALS, OR
EMPLOYES, WHETHER
APPOINTIVE OR ELECTIVE, OR OF VOTERS.
SECTION 6. LIBERTY OF ABODE AND OF
CHANGING THE SAME WITHIN THE LIMITS
PRESCRIBED BY LAW SHALL NOT BE
IMPAIRED EXCEPT UPON LAWFUL ORDER OF
THE COURT. NEITHER SHALL THE RIGHT TO
TRAVEL BE IMPAIRED EXCEPT IN THE
INTEREST OF NATIONAL SECURITY, PUBLIC
SAFETY, OR PUBLIC HEALTH, AS MAY BE
PROVIDED BY LAW.
LIBERTY OF ABODE AND TRAVEL
- THE RIGTH OF A PERSON TO
HAVE HIS HOME IN WHATEVER PLACE
CHOSEN BY HIM AND THEREAFTER TO
CHANGE IT AT WILL, AND TO GO WHERE
HE PLEASES, WITHOUT INTERFERENCE
FROM ANY SOURCE.
LIMITATIONS

PERMISSIBLE INTERFERENCE- THE

RIGTH IS DISQUALIFIED BY THE
CLAUSES “ EXCEPT UPON LAWFUL
ORDER OF THE COURT” AND “EXCEPT
IN THE INTEREST OF NATIONAL
SECURITY, PUBLIC SAFETY, OR PUBLIC
HEALTH”.
SECTION 7. THE RIGHT OF THE PEOPLE TO
INFORMATION ON MATTERS OF PUBLIC CONCERN
SHALL BE RECOGNIZED. ACCESS TO OFFICIAL
RECORDS, AND TO DOCUMENTS AND PAPERS
PERTAINING TO OFFICIAL ACTS, TRANSACTIONS,
OR DECISIONS, AS WELL AS TO GOVERNMENT
RESEARCH DATA USED AS BASIS FOR POLICY
DEVELOPMENT, SHALL BE AFFORDED THE
CITIZEN, SUBJECT TO SUCH LIMITATIONS AS MAY
BE PROVIDED BY LAW.
SCOPE OF THE RIGHT
- THE RIGHT EMBRACES ALL PUBLIC
RECORDS
- IT IS LIMITED TO CITIZENS ONLY BUT IT
IS WITHOUT PREJUDICE TO THE RIGHT
OF ALIENS TO HAVE ACCESS TO
RECORDS A CASES WHERE THEY ARE
LITIGANTS
- ITS EXERCISE IS SUBJECT TO
SECTION 8. THE RIGHT OF THE PEOPLE, INCLUDING
THOSE EMPLOYED IN THE PUBLIC AND PRIVATE
SECTORS, TO FORM UNIONS, ASSOCIATIONS, OR
SOCIETIES FOR PURPOSES NOT CONTRARY TO LAW
SHALL NOT BE ABRIDGED.

RIGHT TO FORM ASSOCIATIONS- THE FREEDOM TO

ORGANIZED OR BE A MEMBER OF ANY GROUP OR
ASSOCIAION , UNION, OR SOCIETY, AND TO ADOPT
THE RULES WHICH TH MEMBERS JUDGE MOST
APPROPRIATE TO ACHIEVE THEIR PURPOSE.
SECTION 9. PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC
USE WITHOUT JUST COMPENSATION.

• TAKING- REFERS NOT ONLY TO ACTUAL PHYSICAL SEIZURE OR

APPROPRIATION OF THE PROPERTY BUT ALSO TO ITS DESTRUCTION
OR IMPAIRMENT.
• SALUS POPULI SUPREMA EST LEX- THE WELFARE OF THE PEOPLE IS
THE SUPREME LAW.
• POLICE POWER- REFERS TO AS THE POWER OF THE STATE TO ENACT
LAWS OR REGULATIONS IN RELATION TO PERSONS AND PROPERTY
AS MAY PROMOTE PUBLIC HEALTH, MORALS, PUBLID SAFETY, AND
THE GENREAL WELFARE AND CONVINIENCE OF THE PEOPLE.
• EMINENT DOMAIN- THE RIGHT OR POWER OF THE STATE OR OF
THOSE TO WHOM THE POWER HAS BEEN LAWFULLY DELEGATED TO
TAKE PRIVATE PROPERTY FOR PUBLIC USE UPON PAYING TO THE
OWNER A JUST COMPENSATION TO BE ASCERTAINED ACORDING TO
THE LAW.
LIMITATIONS

- EXISTENCE OF PUBLIC USE- SHALL MEAN PUBLIC

BENEFIT, PUBLIC UTILITY, OR PUBLIC ADVANTAGE, OR
WHATEVER IS BENEFICIALLY EMPLOYED FOR THE
COMMUNITY.
- -PAYMENT OF JUST COMPENSATION- VALUE SHALL BE
DETERMINED BY THE PROPER COURT BASED ON THE
MARKET VALUE AT THE TIME OF THE TAKING OF THE
PROPERTY.
- - OBSERVANCE OF DUE PROCESS OF LAW IN THE
TAKING- THIS REQUIRES THAT THE OWNER SHALL HAVE
DUE NOTICE AND HEARING IN THE EXPROPRIATION
PROCEEDINGS.
THANKYOU!!