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INTRODUCTION Human Rights law branch of public law that deals with the body of laws, rules, procedures, and institutions designed to respect, promote and protect human rights and the national, regional and international levels UN Charter o reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of the nations large and small o o o o to promote social programs and better standards of life in larger freedom State value the dignity of every h uman person and guarantees full respect for human rights basic source of human rights CHAPTER 1 THE NATURE OF HUMAN RIGHTS Definition aggregate of privileges, claim, benefits, entitlements and moral guarantees that pertain to man because of his humanity system of values or elements which are inherent to human dignity why does man have rights? human person possesses rights because of the very fact that it is a person, a whole, master of itself and of its acts and which consequently is not merely a reason to an end but an end which must be treated as such connection between a human person and his possession of his rights - any human society if it is to be well ordered and productive must lay down as a foundation the principle that ever human being is a person, and that his nature is endowed with intelligence and full will. By virtue of this he has rights and duties flowing directly and simultaneously from his very nature legal and moral entitlements that have evolved as a basis for constructing how state power is used and particularly to limit its use against the rights of citizens Kinds/ Generation of Rights Karl Vasks division follows the French Revolutions slogans 1987 Constitution Article 2 Sec 11
1st Gen of Civil and Political Rights aka 1st gen of liberty rights individual rights against the state and are partly seen as negative due to the development of democratic society
right to life, liberty and security of person right against torture right to equal protection against discrimination right against arbitrary arrest and detention right to a fair and public hearing by an independent and impartial tribunal right to be presumed innocent until proven guilty right to privacy, freedom of opinion and expression aka 2 nd generation of equality rights
people realized that possession of first generation of liberty rights would be valueless without the enjoyment if economic, social and cultural rights struggle against Comlonialism, Socialism and encyclicals of the Pope ex right to work right to social security right to form and to join trade unions right to education right to rest and leisure right to health right to shelter
rd
Gen Solidarity or Collective rights aka 3rd generation of solidarity rights o o o benefits individuals, groups and people realization will need global cooperation based on international solidarity examples right to peace right to development environmental rights right of self determination right to food rights of women rights of children right to water right to humanitarian disaster relief
Principles Universality
provisions which authorize the state parties to impose restrictions political freedoms in Art. 18 22
Ensure art 2(1) o o o o positive character of civil and political rights and economic social and cultural rights state parties must be proactive to enable individuals to enjoy their rights obligation to adopt executive, judicial and legislative measures to provide an effective remedy to victims of human rights violators under safeguard certain rights by means of procedural guarantees and legal institutions preventing private individuals, groups or entities from interfering with the individuals civil and political rights o o horizontal efforts (application of human rights between individuals or other private subjects) depend on the wording of such rights ex. of provisions which apply on the horizontal level
Protect o
OCAMPO, , vs.COMMISSION ON HUMAN RIGHTS, ROQUE FERMO, AND OTHERS AS JOHN DOES,.
further proceeding with CHR Case No. 90-1580 and from implementing the P500.00 fine for contempt. Powers and functions of the Commission under the 1987 Constitution
Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court; 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;
Exercise visitorial powers over jails, prisons, or detention facilities; Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights; 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 Monitor the Philippine Government's compliance with international treaty obligations on human rights; Grant immunity from prosecution to any person whose testimony or whose possession
CHR is not a quasi- judicial body not meant by fundamental law to be another court or quasi-judicial agency most that may be conceded to the Commission in the way of adjudicative power is that it may investigate, receive evidence and make findings of fact as regards claimed human rights violations involving civil and political rights. fact finding is not adjudication, and cannot be likened to the judicial function of a court of justice, or even a quasi-judicial agency or official. CHRs investigative power Section 18, Article XIII, of the 1987 Constitution - empowers the Commission on Human Rights to "investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights" Application to the case what are sought to be demolished are the stalls, sari sari sotres and carinderias as well as temporary shanties, erected by private respondents on a land which is planned to be developed into a "People's Park". the land adjoins the North EDSA of Quezon City which is a busy national highway. The order for the demolition of the stalls, sari-sari stores and carinderia of the private respondents do not fall within the compartment of "human rights violations involving civil and political rights" intended by the Constitution. CHR Contempt powers constitutionally authorized to "adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court." CHR acted within its authority in providing in its revised rules, its power "to cite or hold any person in direct or indirect contempt, and to impose the appropriate penalties in
Civil Rights belong to every citizen of the state or country, or, in wider sense, to all its inhabitants, and are not connected with the organization or administration of the government. rights of property, marriage, equal protection of the laws, freedom of contract, etc rights appertaining to a person by virtue of his citizenship in a state or community. rights capable of being enforced or redressed in a civil action. guarantees against involuntary servitude, religious persecution, unreasonable searches and seizures, and imprisonment for debt. Political Rights right to participate, directly or indirectly, in the establishment or administration of government, right of suffrage, right to hold public office, right of petition and, rights appurtenant to citizenship vis-a-vis the management of government.
2. SORIANO V. PINEDA CA- GR SP NO 31546 aug 10 1994 JOBEN This is all I have so far with the digest. Gonna try to get the actual case tomorrow through dads office
programs particularly those that respond to community needs; and vocational efficiency, and other skills.
Article II, Section 13: The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 17: The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Also since it is the Constitution which granted petitioner the right of education, he may only deprived of such right with due process of law as stated in Art. III, Sec. 1 of the 1987 Constitution, No person shall be deprived of life, liber ty, or property without due process of law, nor shall any person be denied equal protection of the laws.
3. OPOSA V. FACTORNA 224 SCRA 792 1993 - ALEX Facts: The principal plaintiffs are minors duly represented and joined by their parents. They are joined by Philippine Ecological Network Inc. Plaintiffs are instituting this taxpayers class suit representing their generation as well as generations yet unborn for the sake of the Virgin tropical rainforests. They hope to cancel all existing timber license agreements in the country and cease and desist from approving the same in the future. They aver that in order to maintain a balanced and healthful ecology, the country must maintain a ration of 54% of forest cover. Without it, the resulting environmental tragedies will include water shortage, salinization of water table, massive erosion, global warming, drought spells etc. Plaintiffs make these claims on their constitutional right to a balanced and healthful ecology and on the premise that the timber license agreements (TLA) are contrary to public policy, violative of their rights to self-preservation, and to conserve and promote the nations cultural heritage and resources. Issues: Is the complaint presented judicially actionable or does it raise political questions?
Held: It is actionable. The Court finds enough cause of action to show a violation of the claimed rights. They may thus be granted the reliefs prayed for. What is involved here is the enforcement of a right vis--vis policies already formulated and expressed in legislation. Their
4. BALDOZA V. DIMAANO 71 SCRA 152 1976 - CARA Facts: Municipal Secretary of Taal, Batangas, charges Municipal Judge Dimaano with abuse of authority in refusing to allow employees of the Municipal Mayor to examine the criminal docket records of the Municipal Court to secure data in connection with their contemplated report on peace and order conditions of the municipality. Respondent answered that there has never been an intention to refuse access to official court records but that the same is always subject to reasonable regulation as to who, when, where and how they may be inspected. He further asserted that a court has the power to prevent an improper use or inspection of its records and furnishing copies may be refuse when the motivation is not serious and legitimate interest, out of whim or fancy or mere curiosity or to gratify private site or promote public scandal. In his answer, respondent observed; Restrictions are imposed by the Court for fear of an abuse in the exercise of the right. There has been recent tampering of padlocks of the door of the Court and with this, to allow an indiscriminate and unlimited exercise of the right to free access, might do more harm than good. Request of such a magnitude cannot b immediately granted without adequate deliberation and advisement. Authority should first be secured from the Supreme Court Case was referred to Judge Riodique for investigation and report. At the preliminary hearing, Taal Mayor Corazon Caniza filed a motion to dismiss the complaint to preserve harmony and cooperation among officers. This motion was denied by Investigating Judge but he recommended the exoneration of respondent. Investigating Judges report avers that complainant was aware of the motion to dismiss and he was in conformity with it. Communications between complainant and respondent reveal that respondent allowed the complainant to open and view the docket books of the respondent under certain conditions and