LAW ENFORCEMENT OPERATIONS

AND PLANNING WITH CRIME

MAPPING

LEA 4 – 2 N D Year
COURSE
DESCRIPTION
• THE COURSE COVERS THE STUDY OF ARTICLE III OF THE 1987
CONSTITUTION;
• RA 7438 ( RIGHTS OF PERSONS ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION);
• RULE 113 OF THE RULES OF COURT ( ARREST);
• RULE 126 OF THE RULES OF COURT ( SEARCH AND SEIZURE);
• UN CONVENTION ON CIVIL AND POLITICAL RIGHTS;
• RULE 110 OF THE RULES OF COURT ( PROSECUTION OF OFFENSES);
• PRINCIPLES OF LAW ENFORCEMENT OPERATIONS;
• GUIDELINES IN THE MANAGEMENT OF DISASTER AND RELIEF OPERATIONS;
• METHODS AND PROCEDURE IN THE PROTECTION OF THE CRIME SCENE;
PLANNING AND STEPS IN POLICE OPERATIONS AND CRIME MAPPING
(COMPUTER STATISTICS) IN THE LAW ENFORCEMENT OPERATIONS AND
CRIMINAL JUSTICE.
 COURSE OUTCOMES
OBJECTIVE 2 OBJECTIVE 4
Demonstrate the knowledge about Execute methods and
human rights in conducting arrest, procedure in the protection
search, and seizure and during of the crime scene.
custodial investigation.

OBJECTIVE 1
Apply skills on the protection
of human rights embodied in
the Bill of Rights of the 1987
Constitution and Rights of the
Accused provided in the Rules
of Court.
OBJECTIVE 3
Demonstrate knowledge of
principles of public safety in
the conduct of disaster and
relief operations.
 COURSE OUTCOMES

OBJECTIVE 6
• Discuss the importance of
OBJECTIVE 5 crime mapping (computer
Prepare plans in the conduct statistics) in the law
of different police enforcement operations
operations. and criminal justice
PRELIMINARIES OF THE COURSE
AND INTRODUCTION OF
SPECIFIC PROVISIONS
LESSON 1
CONTENT
01 PRELIMINARIES OF THE
COURSE AND INTRODUCTION
OF SPECIFIC PROVISIONS

• 1 PHILIPPINE CONSTITUTION

• 2 UN CONVENTION ON CIVIL
AND POLITICAL RIGHTS

• 3 PRINCIPLES OF LAW
ENFORCEMENT OPERATIONS
PHILIPPINE
CONSTITUTION
 LEARNING OUTCOMES

At the end of this lesson, the student shall be able to apply the
procedures in the administration of criminal justice especially on the
concept of human rights, implementation, public safety, and disaster
operations related to law enforcement administration.
 What is Philippine
constitution
Are what constitutes the Philippines as a whole, and what composes the
Philippines as a country is what the Philippine constitution is all about. It can be
called the supreme law of the Philippines as it has all the laws that establish the
structure, policies, roles, and duties of the Philippines' government [1]. It not only
has laws regarding the Philippine government but also tells us what rights we
individuals have in the Philippines. Its purpose is to guide government and the
legal system in upholding the rights and obligations of the state, as well as
promoting social justice and human rights for all citizens.
 WHAT IS BILLS OF RIGHTS

It may be defined as declaration and enumeration of a person’s

rights and privileges which the Constitution is designed to
protect against violations by the government, by an individual,
or groups of individuals. -It is a fundamental characteristic of a
republican system -It is a “charter of liberties for the
individual and a limitation upon the power of the State.”
 WHAT IS BILLS OF RIGHTS

The Bill of Rights serves as a cornerstone of

democratic societies, promoting individual freedoms
and limiting the power of the government to
interfere with these rights without proper
justification.
IMPORTANCE OF BILLS OF RIGHTS

Justice and Fairness

as the government is powerful enough to
belittle individuals who are part of the state,
these rights are created to avoid injustices or
unfair treatment of the government to an
individual

Checks on Government Power:

Outlining the power the government's
authority ensures that every individual in a
state is not being oppressed or is protected
from any arbitrary actions by the
government or state
 BASIC CLASSIFICATION
OF RIGHTS
Natural Rights Statutory Rights

These are inherent to a These refers to rights provided by

Constitutional laws which are granted by the
person as creation of God.
e.g. Natural Right under
Rights legislature and may be abolished
Constitution (Life, Liberty, by the same, e.g. Right to
These are rights maternity leave for employed
Property) and right to love.
which are granted women, etc.
and protected by the
constitution. such as
protection on
minorities
 CLASSIFICATION OF
CONSTITUTIONAL RIGHTS

Political Rights Civil Rights Social and Economic Rights of the

Rights Accused
those right a citizen those right that a rights intended to
-intended to protect
exercises to citizen enjoys in ensure the well-
persons accused of
participate in the pursuance of being and
any crime.
affairs of the individual happiness economic security
government. e.g. and development. of the individual.
Right to suffrage, e.g. Right to
right of citizenship, property, right to
etc. abode and travel etc.
POLITICAL VS. CIVIL VS. LEGAL
POLITICAL RIGHTS
 Political
- Political rights are rights that allow an
individual to participate in
governmental or political activities.
such as having the right to vote, the
right to candidacy, etc.
- This does not only limit to the
participatory rights of an individual as
these rights gave an individual an
ability to have access to the current
agenda that the government has to this
day
civil
- Civil rights on the other hand are
rights that an individual can enjoy
when they are part of a society in a
state.
- Rights that are normally given to the
individual such as the right to equal
protection, freedom of speech, and
freedom of religion are some of the
few examples of civil rights that any
individual sheltered by the government
is privileged about.
Legal political rights
- Refer to essential claims
recognized by civilized society and
enforced by the state. These rights
are crucial for human development
and are mutually respected by
individuals.
-Legal rights are justifiable
claims that individuals possess.
They are based on ideals such as
life, equality, and property, which
are recognized by natural law.
-The existence of a right implies
the availability of a remedy in case
of its violation
BILL OF
RIGHTS
PART 1: CIVIL RIGHTS
 ARTICLE-III, SECTION-3 PRIVACY OF COMMUNICATION AND
CORRESPONDENCE

• Every person has the right to keep his communication or

correspondence a secret.
• His communication with others by phone or by letter is a personal or
private matter that nobody should intrude upon.
• But this right can be lawfully suspended upon order of the court if the
safety and security of the people is at stake.
 ARTICLE-III, SECTION-3 PRIVACY OF COMMUNICATION AND
CORRESPONDENCE

"The Privacy of communication and correspondence shall be inviolable

except upon lawful order of the court, or when public safety or order
requires otherwise as prescribed by law.”

Conversations and any communication done will not be used or interfered

with in the court. Conversation in electronic devices and written forms will
only be used if the law tells us to.
 ARTICLE-III, SECTION-3 PRIVACY OF COMMUNICATION AND
CORRESPONDENCE
Example: Alex, is having a private conversation over the phone with a friend.
According to the right to privacy of communication and correspondence in the
Philippines, this conversation is generally protected and should not be intercepted
or violated.

However, let's say there is a situation where law enforcement believes that Alex is
involved in illegal activities and requests a court order to monitor Alex's phone
conversations. If the court grants the order based on valid reasons, then it becomes
lawful to intercept and investigate those specific communications.
ARTICLE-III, SECTION-3 PRIVACY OF COMMUNICATION AND
CORRESPONDENCE
Statutory laws protecting the right to PRIVACY:

Republic Act 4200-Anti-Wiretapping Act

- A law enacted in 1965 was designed to protect the conversations done on the
phone via the unauthorized use of wiretapping technologies.
- Wiretapping can be used with exceptions, such as people with court-issued
warrants, which are intended to balance the right to privacy with the need for
criminal investigation.
- Evidence that is gathered via illegal wiretapped is generally inadmissible to the
court.
ARTICLE-III, SECTION-3 PRIVACY OF COMMUNICATION AND
CORRESPONDENCE
Statutory laws protecting the right to PRIVACY:

Republic Act 9995- Anti-Photo and Video Voyeurism Act

- It is a law enacted in 2009 that means the unauthorized taking of photos and
videos of private or sexual activities. "Photo or video voyeurism"
- Means the act of taking a photo or video coverage of a person or group of persons
performing sexual acts or any similar activity or of capturing an image of the
private area of a person or persons without the latter's consent (RA 9995).
 ARTICLE-III, SECTION-4 FREEDOM OF SPEECH, OF EXPRESSION,
AND OF THE PRESS

“No law shall be passed abridging the freedom of speech, of expression, or

of the press or the right of the people peaceably to assemble and petition the
government for redress of grievances.”
 ARTICLE-III, SECTION-4 FREEDOM OF SPEECH, OF EXPRESSION,
AND OF THE PRESS
Freedom of Speech
– Means an individual is free to speak or utter whatever he wants without prior restraint.

Right to a Free Press

– Means an individual is free to write, publish, and circulate whatever he pleases without
restraint.
- Speech and expression refer to any form of oral utterances, while the press covers every sort
of publication such as newspapers, magazines, books, leaflets, and the like.
- Radio and television are also included. Freedom of speech and expression and freedom of
the press are collectively called Freedom of Expression.
 ARTICLE-III, SECTION-4 FREEDOM OF SPEECH, OF EXPRESSION,
AND OF THE PRESS

Freedom of Assembly
- Refers mainly to peaceful demonstrations related to public affairs. the right of people to join
together for various purposes, such as political, social, cultural, or religious activities.

The Right of Petition

- To take up one’s grievances with government without fear of persecution. The right to petition
is a fundamental democratic principle that allows citizens to engage with their government and
advocate for changes or actions.
 ARTICLE-III, SECTION-4 FREEDOM OF SPEECH, OF EXPRESSION,
AND OF THE PRESS

TAKE NOTE
• Freedom of Speech is not absolute, neither is a Free Press.
• Limitations to Freedom of Speech Severe calumny; Anything lewd or obscene;
• Anything that provokes violence or disorder; Seditious messages; “Clear and present
danger”.
ARTICLE-III, SECTION-4 FREEDOM OF SPEECH, OF EXPRESSION,
AND OF THE PRESS
Forms of Calumny Libel

Untruthful information/character assassination in written, and using print or broadcast

media.

Slander
- Spoken untruthful information / character assassination.

Clear and Present Danger

– If the uttered threat seems serious (i.e. the intent appears to be serious), immediate,
grave and realistic.
 ARTICLE-III, SECTION-5 FREEDOM OF RELIGION

"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 tests shall be allowed for the exercise of civil or political rights.”
• This provision is an implementation of the doctrine of separation of church and state.
However, the members of a religious organization cannot use religious profession as a
justification for committing crimes.
• Thus, a religious sect using human beings as sacrifice for their god is not immune from
criminal suit.
 ARTICLE-III, SECTION-5 FREEDOM OF RELIGION

2. Rights found in Section 5:1. Non-Establishment of Religion-non advancement of a

religion, non-favoring of religion against other religions2. Free-Exercise of Religion- freedom
of conscience and freedom to adhere to such religious organization or form of worship as the
individual may choose cannot be restricted by law. Freedom to Believe-It safeguards the free
exercise of the chosen form of religion. (Freedom to Act)
Prohibition of Religious Test
-No religious test shall be required for the exercise of civil or political rights. Religion is not a
requirement to be employed in the government
 ARTICLE-III, SECTION-6 THE RIGHT TO TRAVEL
• “The 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.
• The right to travel shall not impaired except in the interest of national security, public
safety, or public health, as may be provided by law ”
Liberty of Abode and Travel
-This means that every person has a right to established his home in any place. He is also
free to change his abode or transfer it from one place to another.
It includes the right to travel freely in the Philippines and outside therefore to any foreign
country, subject to the following conditions: (a) upon lawful order of the court; and (b) in
the interest of national security, public safety, or public health as provided by law.
 ARTICLE-III, SECTION-7 RIGHT TO INFORMATION

“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 to the
citizens, subject to such limitations as may be provided by law.”
 ARTICLE-III, SECTION-7 RIGHT TO INFORMATION

“Freedom of the Press and freedom of access to information bearing on

governmental decisions are fundamental elements of Popular Sovereignty”.
People have the right to access public records such as records of a case in
court subject to reasonable rules and regulations, except when it is very clear
that the purpose of examination of public record is unlawful, sheer or idle
curiosity. It is not the duty of the custodians of the records to concern
themselves with the motives, reasons, and objects of the person seeking
access to such documents or information.
 ARTICLE-III, SECTION-7 RIGHT TO INFORMATION

Limitations On The Rights

1. National security matters.

2. Trade secrets and banking transactions.

3. Criminal matters.

4. Other confidential matters.

 ARTICLE-III, SECTION-8 THE RIGHT TO FORM UNION

“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.”
 ARTICLE-III, SECTION-8 THE RIGHT TO FORM UNION

“Unionism is a necessity to place employees or labor sectors to the

bargaining levels same as that of their employers in relation to
negotiations of terms and conditions of employment. However,
while employees in the public sector may form union, they are not
entitled to stage strike to press their demands to improve the terms
and conditions of their employment.”
 ARTICLE-III, SECTION-8 THE RIGHT TO FORM UNION
Limitation to the Right

The right to form associations or societies may be abridged or

interfered with by the State in the exercise of its Police Power. This
is the meaning of the phrase “for purpose not contrary to law”.
 ARTICLE-III, SECTION-9 THE RIGHT TO JUST COMPENSATION

“Private property shall not be taken for public use without just
compensation.”
This is in connection with the inherent rights of the state,
specifically, the Right of Eminent Domain. Just Compensation-the
amount to be paid for the expropriated property shall be determined
by the proper court, based on the fair market-value at the time of the
taking.
 ARTICLE-III, SECTION-10 NON-IMPAIRMENT CLAUSE

“No law impairing the obligation of contracts shall be

passed.” This clause is a common feature in legal systems
and is designed to safeguard the stability and integrity of
contractual agreements
 ARTICLE-III, SECTION-10 NON-IMPAIRMENT CLAUSE

Discusses the "sanctity” of contracts and obligations; Laws affecting contracts

cannot be applied retroactively; all contracts illegal in nature are non-binding.

Note: A contract is a meeting of minds between parties concerning a rendition

of service or performance of the obligation to give something; the government
is prohibited from interfering with the agreement of parties since it is
considered a law between the contracting parties.
 ARTICLE-III, SECTION-10 NON-IMPAIRMENT CLAUSE

Limitations

The freedom of contract is necessarily limited by the exercise of the police

power of the State in the interest of general welfare and especially in view of
the explicit provisions in the Constitution with reference to the promotion of
social justice (e.g. Void Contract)
UN CONVENTION
ON CIVIL AND
POLITICAL
RIGHTS
TOPIC NUMBER 2
 INTRODUCTION

This topic will brief you on the protocols, give

you an overview on the relevance of the concepts
of human rights in the field of law enforcement.
The course will also emphasize the rules from the
Philippine constitution as well as the principles of
law related thereof. You will also encounter
activities and questions that would activate your
analysis and reasoning skills. You are expected to
finish this lesson within an hour. Enjoy!
Learning Outcomes:

At the end of this lesson, the student shall be

able to understand criminal justice, especially
the concept of human rights and
implementation.
 UN CONVENTION ON CIVIL AND
POLITICAL RIGHTS

Is a international human rights treats that is adopted by the

United Nations General Assembly. It plays a crucial role in
promoting and protecting fundamental human rights
worldwide. It reflects a commitment to the principles of
dignity, equality, and justice for all individuals.
 UN CONVENTION ON CIVIL AND
POLITICAL RIGHTS

Is a international human rights treats that is adopted by the

United Nations General Assembly. It plays a crucial role in
promoting and protecting fundamental human rights
worldwide. It reflects a commitment to the principles of
dignity, equality, and justice for all individuals.
UN CONVENTION ON CIVIL
AND POLITICAL RIGHTS

The 10 Civil Rights

FREEDOM OF
SPEECH FREEDOM OF
THE RELIGION

FREEDOM OF THE
PRESS
 FREEDOM
AGAINST FREEDOM TO
FREEDOM TO
UNWARRANTED HAVE A FAIR
VOTE
SEARCHES OF COURT TRIAL.
YOUR HOME OR
PROPERTY
• FREEDOM TO
NON- RIGHT FROM RIGHT TO
REMAIN SILENT DISCRIMINATING EQUAL
EDUCATION
IN A POLICE PROTECTION
INTERROGATION
.
 WHAT IS HUMAN RIGHTS

Fundamental rights that belong to every person, simply by being a human

being These rights are considered to be universal and are protected by law.
These rights are essential to ensuring that every person is treated with
dignity and respect, regardless of their race, gender, or background.
Governments and individuals alike need to uphold these rights and work
towards creating a more just and equitable society for all.
 PRINCIPLE OF HUMAN RIGHTS

• Universality

• Equality

• Non-discrimination
 CATEGORIES OF RIGHTS

• Absolute Rights can never be limited Torture, slavery,

discrimination
• Limited Rights can be limited for certain cases, Liberty
• Qualified Rights can be limited in some circumstances (state
of emergency / war) Education, expression
 CATEGORIES OF RIGHTS

• Absolute Rights can never be limited Torture, slavery,

discrimination
• Limited Rights can be limited for certain cases, Liberty
• Qualified Rights can be limited in some circumstances (state
of emergency / war) Education, expression
Plessy v. Ferguson- is a legal case named after Homer
Plessy. A man of mixed race who challenges the
constitution of Lousiana regarding the segregation of the
people based on their race.
1896 Homer Plessy took a seat in the “Whites Only” car of
a train and refused to move. He was arrested, tried, and
convicted in the District Court of New Orleans for
breaking Louisiana’s segregation law.
Was the Louisiana law separating blacks and whites on railroad cars
legal?

Decision:
• The split decision that “separate but equal” law did not violate the
14th amendment. As the facilities used by both ethnicities are
equal in terms of quality therefore it did not violate the 14th
Amendment.
W.E.B. DU BOIS
W.E.B. DuBois— was an African American sociologist who founded
the National Association for the Advancement of Colored People
(NAACP)—an organization dedicated to fighting against racial
discrimination and promoting civil rights against African Americans.
Du Bois's legacy is significant, and his ideas and activism laid the
groundwork for the Civil Rights Movement that gained momentum in
the mid-20th century.
THURGOOD MARSHALL
Thurgood Marshall was a prominent lawyer who battled against racial
discrimination in the 19th century; he played a vital role in the fight
against racial discrimination via the case of brown v Board, Where he
successfully argued that racial segregation in public schools is
unconstitutional due to it violating the equal protection clause on the
14th Amendment. This case marked a historic turning point in the fight
against racial segregation, overturning the previous "separate but
equal" doctrine established in the 1896 case Plessy v. Ferguson.
ROSA PARKS
Rosa Parks (1913–2005)- was a civil rights activist t known for
the Montgomery Bus Boycott, where she refused to give her
seat on the bus to a white man. At the time racial segregation
laws required African Americans to give up their seats to the
white passengers. Ms, parks refused to give her seat against the
white passengers which leads to her arrest, her arrest leads to a
spark of events that starts the boycott of the bus lead by
Marthin Luther King Jr.
• Boycotts
⚬ Refusing to buy goods or services from a
business to force it to change its policies
The boycott, along with the legal challenge to
segregation laws, resulted in the Supreme Court's
ruling in Browder v. Gayle (1956), which declared
racial segregation on Montgomery buses
unconstitutional.
The boycott, along with the legal challenge to
segregation laws, resulted in the Supreme Court's
ruling in Browder v. Gayle (1956), which declared
racial segregation on Montgomery buses
unconstitutional.
DR. MARTIN LUTHER KING,
JR.
• Dr. Martin Luther King, Jr.—he gains national
prominence as a leader during the Montgomery
Bus Boycott. Arrested in Birmingham
⚬ Letter from a Birmingham Jail.
CIVIL DISOBEDIENCE
 ARE THE NON-VIOLENT PROTESTS DONE TO GARNER THE ATTENTION OF THE
GOVERNMENT. HERE ARE A FEW SAMPLES OF SOME CIVIL DISOBEDIENCE

• BOYCOTTS
⚬ REFUSING TO BUY GOODS OR SERVICES FROM A BUSINESS TO FORCE
IT TO CHANGE ITS POLICIES
• HUNGER STRIKES
⚬ REFUSING TO EAT ANYTHING TO GET ATTENTION FOR YOUR CAUSE
• PETITIONS
⚬ WRITING A LETTER TO ASK THE GOVERNMENT OR A COMPANY TO
CHANGE ITS POLICY, AND THEN GETTING AS MANY PEOPLE TO SIGN IT
AS POSSIBLE.
 • MARCHES AND DEMONSTRATIONS
Getting as many people as possible to gather in one place to get attention to your cause

• Strikes
Refusing to work to force your managers or government to change their policies

BREAKING THE LAW OR CAUSING A DISTURBANCE IN ORDER TO GET

ATTENTION FOR YOUR CAUSE.
 • SIT-INS
The protesters come into a place, sit down, and refuse to move.

Lawyers can challenge a law or policy in court. If they convince the judge that the law or
policy is unconstitutional, then the judge will order them to change.

People can speak at government hearings or meetings and try to convince legislators to
make new laws or repeal unfair ones.
PROTECTION OF RIGHTS
• Civil and political rights need not be codified to be protected.

SOCIAL MOVEMENTS FOR CIVIL RIGHTS

• Civil rights guarantee equal protection under the law. When civil and political rights are not
guaranteed to all as part of equal protection of laws, or when such guarantees exist on paper but
are not respected in practice, opposition, legal action and even social unrest may ensue.
• Civil and political rights are a class of rights that protect individuals' freedom from
infringement by governments, social organizations and private individuals, and which ensure
one's ability to participate in the civil and political life of the society and state without
discrimination or repression.
 CIVIL AND POLITICAL
RIGHTS AS APPLIED IN THE
PHILIPPINES
“THE IDEAL OF FREE HUMAN BEINGS ENJOYING CIVIL AND
POLITICAL FREEDOM AND FREEDOM FROM FEAR AND WANT CAN
ONLY BE ACHIEVED IF CONDITIONS ARE CREATED WHEREBY
EVERYONE HAS MAY ENJOY CIVIL AND POLITICAL RIGHTS AS
WELL AS HIS ECONOMIC SOCIAL AND CULTURAL RIGHTS.”
 DEFINITION AND NATURE OF CIVIL AND POLITICAL RIGHTS

PERTAIN TO INDIVIDUALS' FREEDOM AND PARTICIPATION IN THE

CIVIL AND POLITICAL ASPECTS OF SOCIETY. “THE IDEAL OF FREE
HUMAN BEINGS ENJOYING CIVIL AND POLITICAL FREEDOM AND
FREEDOM FROM FEAR AND WANT CAN ONLY BE ACHIEVED IF
CONDITIONS ARE CREATED WHEREBY EVERYONE HAS MAY
ENJOY CIVIL AND POLITICAL RIGHTS AS WELL AS HIS ECONOMIC
SOCIAL AND CULTURAL RIGHTS.”
 DEFINITION OF CIVIL AND POLITICAL RIGHTS

CIVIL RIGHTS – ARE THOSE RIGHTS WHICH THE LAW WILL

ENFORCE AT THE INSTANCE OF PRIVATE INDIVIDUALS FOR THE
PURPOSE OF SECURING THE ENJOYMENT OF THEIR HAPPINESS.

• Political Rights – are those rights that enable us to participate in running the
affairs of the government either directly or indirectly.
UNIVERSAL DECLARATION OF HUMAN RIGHTS INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS BILL OF RIGHTS
(PHILIPPINE CONSTITUTION) STATUTORY LEGISLATION
 • RIGHT TO SELF-DETERMINATION
“THE RIGHT OF SELF-DETERMINATION INCLUDES THE RIGHT TO FREELY
DETERMINE THEIR POLITICAL STATUS AND PURSUE THEIR ECONOMIC, SOCIAL
AND CULTURAL DEVELOPMENT”
(ARTICLE 1, SECTION 1)
“THE STATE SHALL PURSUE AN INDEPENDENT FOREIGN POLICY. IN ITS
RELATIONS WITH OTHER STATES THE PARAMOUNT CONSIDERATION SHALL BE
NATIONAL SOVEREIGNTY, TERRITORIAL INTEGRITY, NATIONAL INTEREST, AND
THE RIGHT TO SELF-DETERMINATION” (ARTICLE 2, SECTION 7)

2. RIGHT TO LIFE, LIBERTY AND SECURITY “EVERYONE HAS THE RIGHT TO LIFE,
LIBERTY AND SECURITY OF PERSON” (ARTICLE 3) UNIVERSAL DECLARATION OF
HUMAN RIGHTS
 3.“EVERYONE HAS THE RIGHT TO LIBERTY AND SECURITY OF PERSON. NO ONE
SHALL BE SUBJECTED TO ARBITRARY ARREST OR DETENTION. NO ONE SHALL BE
DEPRIVED OF HIS LIBERTY EXCEPT ON SUCH GROUNDS AND IN ACCORDANCE
WITH SUCH PROCEDURE AS ARE ESTABLISHED BY LAW”(ARTICLE 9, SECTION 1)
“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” (ARTICLE 3, SECTION 1)
 DEATH PENALTY
RA 7659 – AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS
CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS
AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES THE
PHILIPPINE SENATE REFUSED TO RATIFY THE AFORESAID PROTOCOL.
IMPLEMENTING SAID STATUTE IS:

•RA 8177 - An act designating death by lethal injection as the method of carrying out capital
punishment, amending for the purpose Article 81 of the revised penal code, as amended by
section 24 of Republic Act No. 7659
 ADMONITION ON DEATH PENALTY
• IN HIS ENCYCLICAL, EVANGELIUM VITAE (GOSPEL OF LIFE), ISSUED ON MARCH
25, 1995, POPE JOHN PAUL II ADMONISHED THAT MODERN SOCIETY NOW HAS ALL
THE MEANS OF EFFECTIVELY SUPPRESSING ALL CRIMES BY RENDERING
CRIMINALS HARMLESS WITHOUT DEFINITELY DENYING THEM THE CHANCE TO
REFORM. WHICH MEANS THAT THEIR ARE OTHER WAYS OF PUNISHING
CRIMINALS INSTEAD OF RESORTING TP DEATH PENALTY

“God who preferred the correction rather than death of a sinner, did not desire that a homicide be
punished by the execution of another act of homicide” –St. Ambrose
 ABORTION
• Whether intentional or unintentional expulsion of the fetus from the woman’s womb
before the term of its viability is another violation of the right to life. “The State recognizes
the sanctity of family life and shall protect and strengthen the family as a basic autonomous
social institution.

It shall equally protect the life of the mother and the life of the unborn from conception.
The natural and primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the support of the
Government” (Article 2, Section 12) Philippine Constitution
 PROHIBITION OF SLAVERY AND INVOLUNTARY
SERVITUDE INVOLUNTARY SERVITUDE

Forced Labor “No involuntary servitude in any form shall exist except as a punishment for
a crime whereof the party shall have been duly convicted”

Section 18 Par. 2, Article 3 •

Slavery – is defined in these conventions as the status or conventions as the status or
condition of a person over whom any or all of the powers attaching to the right of
ownership are exercised.
PROHIBITION OF SLAVERY AND INVOLUNTARY SERVITUDE
INVOLUNTARY SERVITUDE

Torture, Cruel, Inhuman or Degrading Treatment and Punishment

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation”

(Article 7) Political Covenant “No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited” (Section 12 Par. 2, Article
3)
 EQUALITY BEFORE THE LAW
“ALL PERSONS ARE EQUAL BEFORE THE LAW AND ARE ENTITLED WITHOUT ANY
DISCRIMINATION TO THE EQUAL PROTECTION OF THE LAW. IN THIS RESPECT, THE LAW
SHALL PROHIBIT ANY DISCRIMINATION AND GUARANTEE TO ALL PERSONS EQUAL AND
EFFECTIVE PROTECTION AGAINST DISCRIMINATION ON ANY GROUND SUCH AS RACE,
COLOUR, SEX, LANGUAGE, RELIGION, POLITICAL OR OTHER OPINION, NATIONAL OR
SOCIAL ORIGIN, PROPERTY, BIRTH OR OTHER STATUS” (ARTICLE 26)

Political Covenant “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” (Article 3, Section 1) Philippine Constitution
 EQUALITY BEFORE THE LAW
ARBITRARY ARREST AND DETENTION
“Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or
detention. No one shall be deprived of his liberty except on such grounds and in accordance with such
procedure as are established by law”

(Article 9) Political Covenant Punishable under Articles 124 and 125 of the Revised Penal Code. “The
right 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 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 describing
the place to be searched and the persons or things to be seized” (Article 3, Section 1) Philippine
Constitution.
 WARRANTLESS ARREST

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
 MILITARY OR POLICE CHECKPOINTS

THE Supreme Court justified the “stop and frisk” rule to conduct searches on people as a
valid police measure only during abnormal time or during an emergency. (Valmonte vs De
Villa)

THE SUPREME COURT IN THE CASE OF VALMONTE VS DE VILLA RULED THAT

THIS PRACTICE CAN BE CONSIDERED VALID ONLY DURING ABNORMAL TIMES
OR EMERGENCIES. THIS MEANS THAT THE POLICE MAY ONLY CONDUCT
SEARCHES ON INDIVIDUALS IF THERE IS A CLEAR AND PRESENT DANGER TO
PUBLIC SAFETY.
 RIGHTS OF THE ARRESTED OR DETAINED PERSON

“ ANY PERSON BY POLICE OR MILITARY AUTHORITIES SHOULD BE

INFORMED, AT THE TIME OF ARREST, OF THE REASONS OF HIS ARREST. HE
SHOULD BE BROUGHT PROMPTLY BEFORE A JUDGE OR OTHER OFFICER
AUTHORIZED BY LAW TO EXERCISE JUDICIAL POWER. HE SHALL BE
ENTITLED TO APPROPRIATE PROCEEDINGS BEFORE A COURT, IN ORDER
THAT THE COURT MAY DECIDE WITHOUT DELAY ON THE LAWFULNESS OF
HIS DETENTION, AND ORDER HIS RELEASE IF THE DETENTION IS NOT
LAWFUL. A VICTIM OF UNLAWFUL ARREST OR DETENTION SHALL HAVE AN
ENFORCEABLE RIGHT TO COMPENSATION” (ARTICLE 9) POLITICAL
COVENANT
 RIGHTS OF THE ARRESTED OR DETAINED PERSON

SECTION 12, ARTICLE 3 (PHILIPPINE CONSTITUTION)

1.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.

2.No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be
used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited.

3.Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him.

4.The law shall provide for penal and civil sanctions for violations of this Section as well as compensation
MIRANDA DOCTRINE