HUMAN RIGHTS LAW

GENERAL NATURE AND DEFINITION OF HUMAN RIGHTS 3. Statutory Rights

Those rights which are provided by law
Human Rights promulgated by the law-making body
May be abolished by the body that created
Those rights, which are inherent in our nature, and them
without which, we cannot live as human beings.
Allow us to develop and use our human qualities, According to Recipient
intelligence, talents and conscience, and to satisfy
our spiritual and other needs. 1. Individual Rights
Supreme, inherent, and inalienable rights to life, Accorded to individuals
dignity, and self-development. 2. Collective Rights
The essence of these rights makes man human. Also called peoples rights or solidarity
rights
Basic Characteristics of Human Rights: Rights of the society, those that can be
enjoyed only in company with others
1. Inherent
Not granted by any person or authority According to Aspect of Life
2. Fundamental
Without them, the life and dignity of man 1. Civil Rights
will be meaningless Rights which the law will enforce at the
3. Inalienable instance of private individuals for the
Cannot be rightfully taken away from a free purpose of securing to them the enjoyment
individual of their means of happiness
Cannot be given away or be forfeited Partake of the nature of political rights
4. Imprescriptible when they are utilized as a means to
Cannot be lost even if man fails to use or
participate in the government
assert them, even by a long passage of time 2. Political Rights
5. Indivisible Rights which enable us to participate in
Not capable of being divided
running the affairs of the government either
Cannot be denied even when other rights
directly or indirectly
have already been enjoyed
3. Economic and Social Rights
6. Universal
Those which the law confers upon the
Applies irrespective of ones origin, status,
people to enable them to achieve social and
or condition or place where one lives
economic development
Rights can be enforced without national
4. Cultural Rights
border
Rights that ensure the well-being of the
7. Interdependent
individual and foster the preservation,
The fulfillment or exercise of one cannot be
enrichment, and dynamic evolution of
had without the realization of the other
national culture based on the principle of
Human Rights Principles: unity in diversity in a climate of free artistic
and intellectual expression.
The dignity of man and human life is inviolable. From
the dignity of man is derived the right of every According to Struggle for Recognition
person to free development of his personality.
A legitimate state should exist to assure that in the 1. First Generation Rights
Civil and political rights which derives
discharge of the governmental functions, the dignity
primarily from the 17th and 18th centuries
that is the birthright of every human being is duly
reformist theories
safeguarded.
Conceives of human rights more in negative
Classification of Rights: (freedom from) than positive (rights to)
terms
According to Source Favors the abstention rather the
intervention of government in the exercise
1. Natural Rights of freedoms and in the quest for human
God-given rights, acknowledged by
dignity
everybody to be morally good 2. Second Generation Rights
Unwritten, but prevail as norms of the Covers economic, social, and cultural rights
society which find their origin primarily in the
2. Constitutional Rights
socialist tradition
Conferred and protected by the
Conceives of human rights more in positive
Constitution and which cannot be modified
terms
or taken away by the law-making body

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Fundamental claims to social equality
3. Third Generation Rights
Covers collective rights
According to Derogability
1. Absolute or Non-Derogable Rights
Those that cannot be suspended nor taken
away nor restricted/limited even in extreme
emergency and even if the government
invokes national security
2. Derogable or Can-Be-Limited Rights
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:
i. It is provided for by law which is
made known to every citizen;
ii. There is a state of emergency
which necessitates the urgent
preservation of the public good,
public safety, and public moral;
iii. It does not exceed what is strictly
necessary to achieve the purpose.
Categories of Human Rights
1. Fundamental Freedom in Political Rights
i. Freedom of conscience and
religion
ii. Freedom of thought, belief,
opinion and expression
iii. Freedom of the press and
communication
iv. Freedom of association, freedom
of peaceful assembly
v. Rights to privacy, reputation, and
human 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
i. Right to travel
ii. Right to return to ones country
iii. 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
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HUMAN RIGHTS LAW
degrading treatment or
punishment
5. Legal Rights
Constitute due process that can be invoked
by persons accused
i. Freedom from arbitrary arrest and
detention
ii. Protection against unreasonable
search and seizure
iii. Right to counsel
iv. Right to fair and public trial
v. Presumption of innocence
vi. 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
ii. Right to an adequate standard of
living, adequate food, clothing and
housing
iii. Right to physical and mental health
iv. Right to education
v. Right to be part of the artistic and
scientific life of the country
8. Workers Rights
i. Right to association
ii. Right to organize unions
iii. Right to bargain collectively
iv. Prohibition of forced labor
v. Prohibition of employment of
children
vi. 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
i. Protection of ethnic, linguistic and
religious minorities
Laguna Lake Development Authority v. CA, 231 SCRA 292
Facts: A letter-complaint was filed with the Laguna Lake
Development Authority (LLDA), seeking to stop the operation
of the open garbage dumpsite in the Tala Estate in Caloocan,
due to its harmful effects on the health of the residents and
the possibility of pollution of the water content of the
surrounding area. It was discovered that the open dumpsite
did not have an Environmental Compliance Certificate from
the Environmental Management Bureau of the Department of
Environmental and Natural Resources, as required under
Presidential Decree No. 1586, and a clearance from the LLDA
as required under Republic Act No. 4850. The LLDA then
conducted an on-site investigation, monitoring and test
sampling of the leachate that seeps from the said dumpsite to
the nearby creek which is a tributary of the Marilao river. The
leachate testing revealed the presence of bacteria. As a result,
the LLDA issued a Cease and Desist Order ordering that the
dumping of any form or kind of garbage and other waste
matter at the Caloocan dumpsite be completely stopped.
When talks on the dumpsite failed to settle the problem, the
dumpsite was opened again, prompting the LLDA to issue
another Cease and Desist Order. Thereafter, the LLDA, with
the assistance of the Philippine National Police, enforced the
Order by prohibiting the entry of all garbage dump trucks into
the Caloocan dumpsite. The City Government of Caloocan
then filed with the RTC of Caloocan City an action for the
declaration of nullity of the Cease and Desist Order, and
sought to be declared as the sole authority empowered to
promote the health and safety and enhance the right of the
people in Caloocan City to a balanced ecology within its
territorial jurisdiction.
Issues and Rulings:
1. Does the LLDA have the authority to entertain the
complaint against the dumping of garbage in the
open dumpsite in Caloocan authorized by its City
Government which is allegedly endangering the
health, safety, and welfare of the residents therein
and the sanitation and quality of the water in the
area brought about by exposure to pollution caused
by such open garbage dumpsite?
YES. The LLDAs jurisdiction was validly invoked on
the basis of the allegation that the open dumpsite of the City
Government of Caloocan was undertaken without a clearance
from the LLDA, as required by RA 4850. As a general rule, the
adjudication of pollution cases generally pertains to the
Pollution Adjudication Board, except in cases where the
special law provides for another forum. It must be recognized
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that in this regard that the LLDA, by virtue of its special
charter, obviously has the responsibility to protect the
inhabitants of the Laguna Lake region from the deleterious
effects of pollutants emanating from the discharges of wastes
from the surrounding areas. In carrying out the national
policy of promoting and accelerating the development and
balanced growth of the Laguna Lake area and the surrounding
provinces of Rizal and Laguna and the cities of San Pablo,
Manila, Pasay, Quezon and Caloocan with due regard and
adequate provisions for environmental management and
control, preservation of the quality of human life and
ecological systems, and the prevention of undue ecological
disturbances, deterioration and pollution, the LLDA is
mandated, among others, to pass upon and approve or
disapprove all plans, programs, and projects proposed by
local government offices/agencies within the region, public
corporations, and private persons or enterprises where such
plans, programs, and/or projects are related to those of the
LLDA for the development of the region.
2. Does the LLDA have the power and authority to issue
a Cease and Desist Order to enjoin the dumping of
garbage in the Tala Estate?
YES. Although the LLDA was not expressly conferred
the power to issue an ex parte cease and desist order in
express terms, the LLDAs issuance of one, as a practical
matter of procedure under the circumstances of the case, is a
proper exercise of its power and authority under its charter
and its amendatory laws. The provision which empowers the
LLDA to instituted necessary legal proceedings against any
person who shall commence to implement or continue
implementation of any project, plan or program within the
Laguna de Bay region without previous clearance from the
LLDA was designed to invest the LLDA with sufficiently broad
powers in the regulation of all projects initiated in the Laguna
Lake region, whether by the government or the private sector,
insofar as the implementation of these projects is concerned.
Moreover, Section 16 of Article II of the 1987 Constitution
states that:
The State shall protect
and advance the right of
the people to a balanced
and healthful ecology in
accord with the rhythm
and harmony of nature.
As a constitutionally guaranteed right of every
person, it carries the correlative duty of non-impairment. This
is but in consonance with the declared policy of the state to
protect and promote the right to health of the people and
instill health consciousness among them. It is to be borne in
mind that the Philippines is party to the Universal Declaration
of Human Rights and the Alma Conference Declaration of
1978 which recognize health as a fundamental human right.
The LLDAs charter is but a response to the demands of the
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necessities of protecting vital public interests which gives

vitality to the abovementioned state policies and principles.

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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
restrictions on individual freedom; some
religions even tolerate slavery,
discrimination against women, and
imposition of the death penalty
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:
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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
o Nuremberg Trials rationale for finding the
Nazis guilty: the crimes committed were
offenses against humanity and there is no
need of a law penalizing the acts
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.
o 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 mans 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 good only
when it takes into consideration the
interests of the society and tends to
augment the happiness of the entire
community.
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 as opportunity, income and wealth and
self-respect are to be distributed equally.
10. Theory Based on Equality and Respect of Human
Dignity
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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 Philippine Independence Act of 1934/Tydings-
McDuffee Law
1935 First Philippine Constitution: contained Bill of Rights
1973 Second Philippine Constitution
1983 Present Philippine Constitution
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.
Human Rights Instruments to which The Philippines is a
Signatory:
1. International Covenant of Economic, Social and
Cultural Rights (7 June 1974)
2. International Covenant on Civil and Political Rights
(23 October 1986)
3. Optional Protocol International Covenant on Civil
and Political Rights (22 August 1989)
4. International Convention on the Elimination of All
Forms of Racial Discrimination (15 September 1976)
5. International Convention on the Suppression and
Punishment of the Crime of Apartheid (27 July 1987)
6. International Convention against Apartheid (27 July
1987)
7. International Convention on the Elimination of All
Forms of Discrimination Against Women (5 August
1981)
8. Convention on the Political Rights of Women (12
September 1957)
9. Convention on the Rights of the Child (21 August
1990)
10. Slavery Convention of 1926 (12 July 1955)
11. Protocol Amending the Slavery Convention (17
November 1965)

12. Supplementary Convention on the Abolition of
Slavery, the Slave Trade and Institutions and
Practices (17 November 1965)
13. Convention on the Suppression of the Trafficking of
Persons and the Exploitation of Others (19
September 1952)
14. Convention against Torture and other Cruel,
Inhuman, or Degrading Treatment or Punishment (18
June 1986)
15. The Convention on the Consent to Marriage,
Minimum Age for Marriage and Registration of
Marriage (21 January 1965)
16. International Convention on the Protection of All
Migrant Workers and Members of their Families (13
November 1993)
17. Convention on the Nationality of Married Women
18. Convention on the Status of Stateless Persons (22
June 1955)
19. Convention Relating to the Status of Refugees (22
July 1981)
20. Convention on the Prevention and the Punishment
of the Crime of Genocide (7 July 1950)
21. Convention on Non-applicability of Statutory
Limitation on War Crimes and Crimes Against
Humanity (15 May 1973)
22. Protocol Additional to the Geneva Convention of 12
August 1949, Relating to the Protection of Victims of
Non-International Armed Conflicts (Protocol II) (11
July 1987)
The Philippine Commission on Human Rights
Creation: Mandated by the 1987 Constitution; formally
constituted by President Aquinos 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
services to the under-privileged whose human
rights have been violated or need protection;
(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;
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(6) Recommend to Congress effective measures to
promote human rights and to provide for
compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Governments 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
(11) Perform such other duties and functions as may be
provided by law.
Cario v. Commission on Human Rights, 204 SCRA 483
Facts:
For joining the concerted mass actions of public
teachers and for failure to heed the return-to-work order
issued by DECS Secretary Cario, eight teachers from the
Ramon Magsaysay High School, namely Graciano Budoy,
Julieta Babaran, Elsa Ibabao, Helen Lupo, Amparo Gonzales,
Luz del Castillo, Elsa Reyes and Apolinario Esber were
administratively charged, preventively suspended for 90 days,
and temporarily replaced. The said eight teachers, led by their
counsel, subsequently staged a walkout signifying their intent
to boycott the proceedings. Thereafter, Secretary Cario
rendered a decision ordering the dismissal from service of
Esber, and the 9-month suspensions of Babaran, Budoy, and
del Castillo. The eight teachers then complained to the
Commission on Human Rights on the ground that they were
denied due process. Secretary Cario filed a motion to dismiss
with the CHR on the ground that the CHR had no jurisdiction
over the case.
Issue and Ruling:
1. W/N the CHR has the power under the Constitution
to try and decide, or hear and determine, certain
specific type of cases, like alleged human rights
violations involving civil or political rights.
NO. The CHR was not meant by the Constitution to
be another court or quasi-judicial agency in this country. The
most that may be conceded to the CHR in the way of
adjudicative power is that it may investigate, i.e., 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. The function of receiving evidence and ascertaining
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therefrom the facts of a controversy is not a judicial function,
properly speaking. To be considered such, the faculty of
receiving evidence and making factual conclusions in a
controversy must be accompanied by the authority of
applying the law to those factual conclusions to the end that
the controversy may be decided or determined
authoritatively, finally and definitively, subject to such appeals
or modes of review as may be provided by law. This function,
to repeat, the Commission does not have.
The Constitution clearly and categorically grants to
the CHR the power to investigate all forms of human rights
violations involving civil and political rights. It can exercise
that power on its own initiative or complaint of any person. It
may exercise that power pursuant to such rules of procedure
as it may adopt and, in cases of violations of said rules, cite
for contempt in accordance with the Rules of Court. In the
course of any investigation conducted by it or under its
authority, it may 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. It may also request the assistance of any
department, bureau, office, or agency in the performance of
its functions, in the conduct of its investigation or in
extending such remedy as may be required by its findings. But
it cannot try and decide cases (or hear and determine causes)
as courts of justice, or even quasi-judicial bodies do. To
investigate is not to adjudicate or adjudge. Whether in the
popular or in the technical sense, these terms have well
understood and quite distinct meanings.
Simon v. Commission on Human Rights, 229 SCRA 7
CHR cited the QC Officers in contempt for carrying out further
demolition on the stalls, sari-sari stores, and carinderia
despite the order to desist, and imposed a fine of P500.00 on
each of them.
Issues and Ruling:
1. W/N the CHR has jurisdiction to investigate the
violation of the rights of those vendors whose stalls
were demolished by the QC Officers at the instance
and authority given by N Mayor of QC.
NO. The order for the demolition of the stalls, sari-sari stores
and carinderia of the vendors does not fall within the
compartment of human rights violations involving civil and
political rights intended by the Constitution.
2. W/N the CHR has jurisdiction to impose a fine of
P500.00 on each of the QC Officers.
NO. Although the CHR is 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, and accordingly, the 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 accordance with the procedure and
sanctions provided for in the Rules of Court, the power to cite
in contempt should be understood to apply only to violations
of its adopted operational guidelines and rules of procedure
essential to carry out its investigatorial powers. The order to
desist is not investigatorial in character but prescinds from an
adjudicative power that it does not possess.

Facts: NOTE: Human rights seems to closely identify with the

universally accepted traits and attributes of an individual,
A Demolition Notice was sent by the Office of the
along with what is generally considered to be his inherent and
Quezon City Mayor to the officers and members of the North
inalienable rights, encompassing almost all aspects of life.
EDSA Vendors Association (NEVA), which gave the latter three
days to vacate their stalls in order to give way to the Peoples
Park. The NEVA, led by the President Roque Fermo, filed a
letter-complaint with the CHR, asking that a letter be
addressed to then Mayor Brigido Simon, Jr. of Quezon City to
stop the demolition of their stalls, sari-sari stores, and
carinderia along EDSA. The CHR subsequently issued an Order
directing the QC Officers to desist from demolishing the stalls
and shanties at North EDSA pending resolution of the
vendors complaint before the Commission.

Notwithstanding said Order, the QC Officers carried

out the demolition of the stalls, sari-sari stores, and
carinderia, prompting the CHR to order the disbursement of
financial assistance of not more than P200,000.00 in favor of
the vendors to purchase light housing materials and food
under the CHRs supervision and again directed the QC
Officers to desist from further demolition, with the warning
that violation of said Order would lead to a citation for
contempt and arrest. The QC Officers filed a motion to
dismiss, questioning the CHRs jurisdiction. Subsequently, the

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THE INTERNATIONAL BILL OF HUMAN RIGHTS
Main objective of the United Nations: the recognition and
respect of human rights
Purpose of the UN: the promotion and encouragement of
respect for human rights and for fundamental freedoms for
all without distinction as to race, sex, language, or religion
The UN Charter contains at least seven articles on human
rights:
1. Article 13, which directs the General Assembly the
task of initiating studies and recommendations for
the purpose of assisting in the realization of human
rights and fundamental freedom
2. Article 55(c), which commits the UN to promote
universal respect for an observance of human rights
and fundamental freedoms
3. Article 56, which provides for the clear legal
obligation of all members to pledge themselves and
take joint and separate actions in cooperation with
the UN for the advancement of the purposes set
forth in Article 55(c)
4. Article 62(2), which states that the Economic and
Social Council may make recommendations for the
purpose of promoting respect for an observance for
human rights and fundamental freedom for all
5. Article 76, which mandates the Trusteeship System
to encourage respect for the human rights and for
fundamental freedom for all without distinction as to
race, sex, language, or religion and to encourage
recognition of the interdependence of the peoples of
the world
6. Article 10, which suggests to the General Assembly
to discuss any matter within the scope of the Charter
which may concern human rights
7. Article 69(2), which provides that the Economic and
Social Council, with the approval of the General
Assembly, may perform services at the request of
any member state
Basis for the advisory services program on
human rights such as providing experts or
granting fellowships or organizing seminars
NOTE: In fine, every article in the UN Charter which refers to
the purposes of the UN is deemed to include the promotion
of human rights.
UN Commission on Human Rights
Formally established by the Economic and Social
Council to assist in all matters relating in human
rights
Composed of 43 members
Deals with all aspects of human rights issues
involving the participation of all sectors of the
international committee
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HUMAN RIGHTS LAW
Undertakes special tasks assigned to it by the
General Council, including the investigation of all
allegations of human rights violations
Coordinates activities relating to human rights
through the UN System
Sub-commissions of independent experts are elected
and empowered to undertake studies and to make
recommendations to prevent discrimination, protect
minority rights and fundamental freedoms
Special rapporteurs or working groups are appointed
to deal with special topics
o Discrimination in education, religion and the
administration of justice
o The adverse consequences for human rights
caused by political, military, economic and
other forms of assistance to colonial and
racist regimes
o The rights of ethnic, religious, and linguistic
minorities
o Issues related to self-determination
o The realization of economic, social and
cultural rights
o The rights of indigenous populations
o The new international economic order and
the promotion of human rights
o The right to adequate food as a human right
o The exploitation of child labor
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 sovereignty.
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
such discrimination.
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 4, supra.
Article 5, supra.
Article 6, supra.
Article 7, supra.
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) 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) 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 imposed
than the one that was applicable at the time the
penal offense was committed.
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
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HUMAN RIGHTS LAW
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 12, supra.
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.
7. Economic, Social, and Cultural Rights
Article 22. Everyone, as a member of society, has the right to
social security and is entitled to realization, through national
effort and international cooperation and in accordance with
the organization and resources of each State, of the
economic, social and cultural rights indispensable for his
dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of
employment, to just and favorable conditions of
work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right
to equal pay for equal work.
(3) Everyone who works has the right to just and
favorable remuneration ensuring for himself and his
family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social
protection.
(4) Everyone has the right to form and join trade unions
for the protection of his interests.
Article 24. Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays
with pay.
Article 25.
(1) Everyone has a right to a standard of living adequate
for the health and well-being of himself and of his
family, including food, clothing, housing and medical
care and necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or
out of wedlock, shall enjoy the same social
protection.
8. Rights to Education and Cultural Development
Article 26.
(1) Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental
stages. Elementary education shall be compulsory.
Technical and professional education shall be made
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HUMAN RIGHTS LAW
generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development
of the human personality and to the strengthening of
respect for human rights and fundamental freedoms.
It shall promote understanding, tolerance, and
friendship among all nations, racial or religious
groups, and shall further the activities of the United
Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of
education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the
cultural life of the community, to enjoy the arts and
to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral
and material interests resulting from any scientific,
literary, or artistic production of which he is the
author.
9. Development of Personality
Article 28. Everyone is entitled to a social and international
order in which the rights and freedoms set forth in this
Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which
alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are
determined by law solely for the purpose of securing
due recognition and respect for the rights and
freedoms of others and of meeting the just
requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
the United Nations.
Article 30. Nothing in this Declaration may be interpreted as
implying for any State, group or person any right to engage in
any activity or to perform any act aimed at the destruction of
any of the rights and freedoms set forth herein.
10. Other Rights
Article 20.
(1) Everyone has the right to freedom of peaceful
assembly and association.
(2) No one may be compelled to belong to an
association.
Article 21.
 HUMAN RIGHTS LAW

(1) Everyone has the right to take part in the 4. Economic, social and cultural rights have no fixed
government of his country, directly or through freely and well-defined forum to redress violations
chosen representatives. 5. Human rights violations are rarely reported
(2) Everyone has the right of equal access to public
service in his country.
(3) The will of the people shall be the basis of the
authority of government; this will shall be expressed
in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by
secret vote or by equivalent free voting procedures.

The International Bill of Human Rights

Composed of
1. The International Covenant on
Economic, Social and Cultural Rights
(ICESCR)
2. The International Covenant on Civil and
Political Rights (ICCPR)
3. The Universal Declaration of Human
Rights
The ICESCR and the ICCPR are legally binding on the
States that ratify them.
Mechanisms through which the ICESCR and the
ICCPR are enforced:
o ICESCR Committee on Economic, Social,
and Cultural Rights reviews the States
Parties programs
o ICCPR Human Rights Committee, an
independent body of experts

Hindrances in the Implementation of Human Rights

Instruments

1. Authoritarian regimes headed by dictators and

ruthless leaders
2. Article 2, par. 7 of the UN Charter, which states that:

Nothing contained in the

present Charter shall
authorize the United
Nations to intervene in
matters which are
essentially within the
domestic jurisdiction of
any state or shall require
the Members to submit
such matters to
settlement under the
present Charter; but this
principle shall not
prejudice the application
of enforcement measures
under Chapter VII.

3. Provisions in international treaties that are not self-

executing
They cannot be applied unless
implementing local legislations are enacted

Nikki T. Sia | WLC School of Law Page 12


REPUBLIC ACT NO. 9851
AN ACT DEFINING AND PENALIZING CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND
OTHER CRIMES AGAINST HUMANITY, ORGANIZING
JURISDICTION, DESIGNATING SPECIAL COURTS, AND FOR
RELATED PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
CHAPTER I
INTRODUCTORY PROVISIONS
Section 1. Short Title. - This Act shall be known as
the "Philippine Act on Crimes Against International
Humanitarian Law, Genocide, and Other Crimes Against
Humanity".
Section 2. Declaration of Principles and State Policies. -
(a) The Philippines renounces war as an instrument
of national policy, adopts the generally accepted
principles of international law as part of the law of
the land and adheres to a policy of peace, equality,
justice, freedom, cooperation and amity with all
nations.
(b) The state values the dignity of every human
person and guarantees full respect for human rights,
including the rights of indigenous cultural
communities and other vulnerable groups, such as
women and children;
(c) It shall be the responsibility of the State and all
other sectors concerned to resolved armed conflict
in order to promote the goal of "Children as Zones of
Peace";
(d) The state adopts the generally accepted
principles of international law, including the Hague
Conventions of 1907, the Geneva Conventions on the
protection of victims of war and international
humanitarian law, as part of the law our nation;
(e) The most serious crimes of concern to the
international community as a whole must not go
unpunished and their effective prosecution must be
ensured by taking measures at the national level, in
order to put an end to impunity for the perpetrators
of these crimes and thus contribute to the
prevention of such crimes, it being the duty of every
State to exercise its criminal jurisdiction over those
responsible for international crimes;
(f) The State shall guarantee persons suspected or
accused of having committed grave crimes under
international law all rights necessary to ensure that
their trial will be fair and prompt in strict accordance
with national and international law and standards for
fair trial, It shall also protect victims, witnesses and
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their families, and provide appropriate redress to
victims and their families, It shall ensure that the
legal systems in place provide accessible and gender-
sensitive avenues of redress for victims of armed
conflict, and
(g)The State recognizes that the application of the
provisions of this Act shall not affect the legal status
of the parties to a conflict, nor give an implied
recognition of the status of belligerency
CHAPTER II
DEFINITION OF TERMS
Section 3. For purposes of this Act, the term:
(a) "Apartheid' means inhumane acts committed in
the context of an institutionalized regime of
systematic oppression and domination by one racial
group or groups and committed with the intention of
maintaining that regime
(b) "Arbitrary deportation or forcible transfer of
population" means forced displacement of the
persons concerned by expultion by expulsion or
other coercive acts from the area in which they are
lawfully present, without grounds permitted under
domestic or international law.
(c) "Armed conflict" means any use of force or armed
violence between States or a protracted armed
violence between governmental authorities and
organized armed groups or between such groups
within that State: Provided, That such force or armed
violence gives rise, or may give rise, to a situation to
which the Geneva Conventions of 12 August 1949,
including their common Article 3, apply. Armed
conflict may be international, that is, between two
(2) or more States, including belligerent occupation;
or non-international, that is, between governmental
authorities and organized armed groups or between
such groups within a state. It does not cover internal
disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar
nature.
(d) "Armed forces" means all organized armed
forces, groups and units that belong to a party to an
armed conflict which are under a command
responsible to that party for the conduct of its
subordinates. Such armed forces shall be subject to
an internal disciplinary system which enforces
compliance with International Humanitarian Law
(e) "Attack directed against any civilian population"
means a course of conduct involving the multiple
commission of acts referred to in Section 6 of this
Act against any civilian population, pursuant to or in
furtherance of a State or organizational policy to
commit such attack.
(f) "Effective command and control" or " effective
authority and control" means having the material

ability to prevent and punish the commission of
offenses by subordinates.
(g) "Enforced or involuntary disappearance of
persons" means the arrest, detention, or abduction
of persons by, or with the authorization support or
acquiescence of, a State or a political organization
followed by a refusal to acknowledge that
deprivation of freedom or to give information on the
fate or whereabouts of those persons, with the
intention of removing from the protection of the law
for a prolonged period of time
(h) "Enslavement" means the exercise of any or all of
the powers attaching to the right of ownership over a
person and includes the exercise of such power in
the course of trafficking in persons, in particular
women and children.
(i) "Extermination" means the international infliction
of conditions of life, inter alia, the deprivation of
access to food and medicine, calculated to bring
about the destruction of a part of a population.
(j) " Forced pregnancy" means the unlawful
confinement of a women to be forcibly made
pregnant, with the intent of affecting the ethnic
composition of any population carrying out other
grave violations of international law.
(k) "Hors de Combat" means a person who:
(1) is in the power of an adverse party;
(2) has clearly expressed an intention to
surrender; or
(3) has been rendered unconscious or
otherwise incapacitated by wounds or
sickness and therefore is incapable of
defending himself: Provided, that in any of
these cases, the person form any hostile act
and does not attempt to escape.
(l) "Military necessity" means the necessity of
employing measures which are indispensable to
achieve a legitimate aim of the conflict and are not
otherwise prohibited by International Humanitarian
Law
(m) "Non-defended locality" means a locality that
fulfills the following conditions:
(1) all combatants, as well as mobile
weapons and mobile military equipment,
must have been evacuated;
(2) no hostile use of fixed military
installations or establishments must have
been made;
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HUMAN RIGHTS LAW
(3) no acts of hostility must have been
committed by the authorities or by the
population; and
(4) no activities in support of military
operations, must have been undertaken.
(n) "No quarter will be given' means refusing to
spare the life of anybody, even of persons manifestly
unable to defend themselves or who clearly express
their intention to surrender.
(o) "Perfidy" means acts which invite the confidence
of an adversary to lead him/her to believe he/she is
entitled to, or is obliged to accord, protection under
the rules of International Humanitarian Law, with the
intent to betray that confidence, including but not
limited to:
(1) feigning an intent to negotiate under a
flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or
sickness;
(4) feigning civilian or noncombatant status;
and
(5) feigning protective status by use of signs,
emblems or uniforms of the United Nations
or of a neutral or other State not party to
the conflict.
(p) "Persecution" means the international and severe
deprivation of fundamental rights contrary to
international law by reason of identity of the group
or collectivity.
(q) "Protect person" in an armed conflict means:
(1) a person wounded, sick or shipwrecked,
whether civilian or military;
(2) a prisoner of war or any person deprived
of liberty for reasons related to an armed
conflict;
(3) a civilian or any person not taking a
direct part or having ceased to take part in
the hostilities in the power of the adverse
party;
(4) a person who, before the beginning of
hostilities, was considered a stateless
person or refugee under the relevant
international instruments accepted by the
parties to the conflict concerned or under
the national legislation of the state of
refuge or state of residence;

(5) a member of the medical personnel
assigned exclusively to medical purposes or
to the administration of medical units or to
the operation of or administration of
medical transports; or
(6) a member of the religious personnel
who is exclusively engaged in the work of
their ministry and attached to the armed
forces of a party to the conflict, its medical
units or medical transports, or non-
denominational, noncombatant military
personnel carrying out functions similar to
religious personnel.
(r) " Superior" means:
(1) a military commander or a person
effectively acting as a military commander;
or
(2) any other superior, in as much as the
crimes arose from activities within the
effective authority and control of that
superior.
(s) "Torture" means the intentional infliction of
severe pain or suffering, whether physical, mental, or
psychological, upon a person in the custody or under
the control of the accused; except that torture shall
not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions.
(t) "Works and installations containing dangerous
forces" means works and installations the attack of
which may cause the release of dangerous forces
and consequent severe losses among the civilian
population, namely: dams, dikes, and nuclear,
electrical generation stations.
CHAPTER III
CRIMES AGAINST INTERNATIONAL HUMANITARIAN LAW,
GENOCIDE AND OTHER CRIMES AGAINST HUMANITY
Section 4. War Crimes. - For the purpose of this Act, "war
crimes" or "crimes against Interntional Human Humanitarian
Law" means:
(a) In case of an international armed conflict , grave
breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against
persons or property protected under provisions of
the relevant Geneva Convention:
(1) Willful killing;
(2) Torture or inhuman treatment, including
biological experiments;
(3) Willfully causing great suffering, or
serious injury to body or health;
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HUMAN RIGHTS LAW
(4) Extensive destruction and appropriation
of property not justified by military
necessity and carried out unlawfully and
wantonly;
(5) Willfully depriving a prisoner of war or
other protected person of the rights of fair
and regular trial;
(6) Arbitrary deportation or forcible transfer
of population or unlawful confinement;
(7) Taking of hostages;
(8) Compelling a prisoner a prisoner of war
or other protected person to serve in the
forces of a hostile power; and
(9) Unjustifiable delay in the repatriation of
prisoners of war or other protected
persons.
(b) In case of a non-international armed conflict,
serious violations of common Article 3 to the four (4)
Geneva Conventions of 12 August 1949, namely , any
of the following acts committed against persons
taking no active part in the hostilities, including
member of the armed forces who have laid down
their arms and those placed hors de combat by
sickness, wounds, detention or any other cause;
(1) Violence to life and person, in particular,
willful killings, mutilation, cruel treatment
and torture;
(2) Committing outrages upon personal
dignity, in particular, humiliating and
degrading treatment;
(3) Taking of hostages; and
(4) The passing of sentences and the
carrying out of executions without previous
judgment pronounced by a regularly
constituted court, affording all judicial
guarantees which are generally recognized
as indispensable.
(c) Other serious violations of the laws and customs
applicable in armed conflict, within the established
framework of international law, namely:
(1) Internationally directing attacks against
the civilian population as such or against
individual civilians not taking direct part in
hostilities;
(2) Intentionally directing attacks against
civilian objects, that is, object which are not
military objectives;
(3) Intentionally directing attacks against
buildings, material, medical units and

transport, and personnel using the
distinctive emblems of the Geneva
Conventions or Additional Protocol III in
conformity with intentional law;
(4) Intentionally directing attacks against
personnel, installations, material, units or
vehicles involved in a humanitarian
assistance or peacekeeping mission in
accordance with the Charter of the United
Nations, as ling as they are entitled to the
protection given to civilians or civilian
objects under the international law of
armed conflict;
(5) Launching an attack in the knowledge
that such attack will cause incidental loss of
life or injury to civilians or damage to
civilian objects or widespread, long-term
and severe damage to the natural
environment which would be excessive in
relation to the concrete and direct military
advantage anticipated;
(6) Launching an attack against works or
installations containing dangerous forces in
the knowledge that such attack will cause
excessive loss of life, injury to civilians or
damage to civilian objects, and causing
death or serious injury to body or health .
(7) Attacking or bombarding, by whatever
means, towns, villages, dwellings or
buildings which are undefended and which
are not military objectives, or making non-
defended localities or demilitarized zones
the object of attack;
(8) Killing or wounding a person in the
knowledge that he/she is hors de
combat, including a combatant who, having
laid down his/her arms or no longer having
means of defense, has surrendered at
discretion;
(9) Making improper use of a flag of truce,
of the flag or the military insignia and
uniform of the enemy or of the United
Nations, as well as of the distinctive
emblems of the Geneva Conventions or
other protective signs under International
Humanitarian Law, resulting in death,
serious personal injury or capture;
(10) Intentionally directing attacks against
buildings dedicated to religion, education,
art, science or charitable purposes, historic
monuments, hospitals and places where the
sick and wounded are collected, provided
they are not military objectives. In case of
doubt whether such building or place has
been used to make an effective contribution
to military action, it shall be presumed not
to be so used;
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HUMAN RIGHTS LAW
(11) Subjecting persons who are in the
power of an adverse party to physical
mutilation or to medical or scientific
experiments of any kind, or to removal of
tissue or organs for transplantation, which
are neither justified by the medical, dental
or hospital treatment of the person
concerned nor carried out in his/her
interest, and which cause death to or
seriously endanger the health of such
person or persons;
(12) Killing, wounding or capturing an
adversary by resort to perfidy;
(13) Declaring that no quarter will be given;
(14) Destroying or seizing the enemy's
property unless such destruction or seizure
is imperatively demanded by the necessities
of war;
(15) Pillaging a town or place, even when
taken by assault;
(16) Ordering the displacements of the
civilian population for reasons related to the
conflict, unless the security of the civilians
involved or imperative military reasons so
demand;
(17) Transferring, directly or indirectly, by
the occupying power of parts of its own
civilian population into the territory it
occupies, or the deportation or transfer of
all or parts of the population of the
occupied territory within or outside this
territory;
(18) Commiting outrages upon personal
dignity, in particular, humiliating and
degrading treatments;
(19) Commiting rape, sexual slavery,
enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of
sexual violence also constituting a grave
breach of the Geneva Conventions or a
serious violation of common Article 3 to the
Geneva Convensions;
(20) Utilizing the presence of a civilian or
other protected person to render certain
points, areas or military forces immune
from military operations;
(21) Intentionally using starvation of
civilians as a method of warfare by
depriving them of objects indespensable to
their survival, including willfully impeding
relief supplies as provided for under the
Geneva Conventions and their Additional
Protocols;
 HUMAN RIGHTS LAW

(22) In an international armed conflict,
compelling the nationals of the hostile party
to take part in the operations of war
directed against their own country, even if
they were in the belligerent's service before
the commencement of the war;
(2) Causing serious bodily or mental harm to
members of the group;
(3) Deliberately inflicting on the group
conditions of life calculated to bring about
its physical destruction in whole or in part;

(23) In an international armed conflict, (4) Imposing measures intended to prevent

declaring abolished, suspended or
inadmissible in a court of law the rights and
actions of the nationals of the hostile party;
(24) Commiting any of the following acts:
(i) Conscripting, enlisting or
recruiting children under the age of
fifteen (15) years into the national
armed forces;
(ii) Conscripting, enlisting or
recruiting children under the age of
eighteen (18) years into an armed
force or group other than the
national armed forces; and
(iii) Using children under the age of
eighteen (18) years to participate
actively in hostilities; and
(25) Employing means of warfare which are
prohibited under international law, such as:
births within the group; and
(5) Forcibly transferring children of the
group to another group.
(b) It shall be unlawful for any person to directly and
publicly incite others to commit genocide.
Any person found guilty of committing any of the acts
specified in paragraphs (a) and (b) of this section shall suffer
the penalty provided under Section 7 of this Act.
Section 6. Other Crimes Against Humanity. - For the purpose
of this act, "other crimes against humanity" means any of the
following acts when committed as part of a widespread or
systematic attack directed against any civilian population,
with knowledge of the attack:
(a) Willful killing;
(b) Extermination;
(c) Enslavement;

(i) Poison or poisoned weapons;

(d) Arbitrary deportation or forcible transfer of
population;
(ii) Asphyxiating, poisonous or
other gases, and all analogous
(e) Imprisonment or other severe deprivation of
liquids, materials or devices;
physical liberty in violation of fundamental rules of
international law;
(iii) Bullets which expand or flatten
easily in the human body, such as
(f) Torture;
bullets with hard envelopes which
do not entirely cover the core or
(g) Rape, sexual slavery, enforced prostitution, forced
are pierced with incisions; and
pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
(iv) Weapons, projectiles and
material and methods of warfare
(h) Persecution against any identifiable group or
which are of the nature to cause
collectivity on political, racial, national, ethnic,
superfluous injury or unecessary
cultural, religious, gender, sexual orientation or other
suffering or which are inherently
grounds that are universally recognized as
indiscriminate in violation of the
impermissible under international law, in connection
international law of armed conflict.
with any act referred to in this paragraph or any
crime defined in this Act;
Any person found guilty of commiting any of the acts
specified herein shall suffer the penalty provided
(i) Enforced or involuntary disappearance of persons;
under Section 7 of this Act.

(j) Apartheid; and

Section 5. Genocide - (a) For the purpose of this Act,
"genocide" means any of the following acts with intent to
destroy, in whole or in part, a national, ethnic, racial,
religious, social or any other similar stable and permanent
group as such:
(k) Other inhumane acts of a similar character
intentionally causing great suffering, or serious injury
to body or to mental or physical health.

(1) Killing members of the group;

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Any person found guilty of committing any of the acts
specified herein shall suffer the penalty provided under
Section 7 of this Act.
CHAPTER IV
PENAL PROVISIONS
Section 7. Penalties. - Any person found guilty of committing
any of the acts provided under Sections 4, 5 and 6 of this Act
shall suffer the penalty of reclusion temporal in its medium to
maximum period and a fine ranging from One hundred
thousand pesos (Php 100,000.00) to Five hundred thousand
pesos (Php 500,000.00).
When justified by the extreme gravity of the crime, especially
where the commision of any of the crimes specified herein
results in death or serious physical injury, or constitutes rape,
and considering the individual circumstances of the accused,
the penalty of reclusion perpetua and a fine ranging from Five
hundred thousand pesos (Php 500,000.00) to One million
pesos (Php 1,000,000.00) shall be imposed.
Any person found guilty of inciting others to commit genocide
referred to in Section 5(b) of this Act shall suffer the penalty
of prision mayor in its minimum period and a fine ranging
from Ten thousand pesos (Php 10,000.00) to Twenty
thousand pesos (Php 20,000.00).
In addition, the court shall order the forfeiture of proceeds,
property and assets derived, directly or indirectly, from that
crime, without prejudice to the rights of bona fide third (3rd)
parties. The court shall also impose the corresponding
accessory penalties under the Revised Penal Code, especially
where the offender is a public officer.
CHAPTER V
SOME PRINCIPLES OF CRIMINAL LIABILITY
Section 8. Individual Criminal Responsibilities. - (a) In addition
to existing provisions in Philippine law on principles of
criminal responsibility, a person shall be criminally liable as
principal for a crime defined and penalized in this Act if
he/she:
(1) Commits such a crime, whether as an
individual, jointly with another or through
another person, regardless of whether that
other person is criminally responsible;
(2) Orders, solicits or induces the
commission of such a crime which in fact
occurs or is attempted;
(3) In any other way contributes to the
commission or attempted commission of
such a crime by a group of person acting
with a common purpose. Such contribution
shall be intentional and shall either:
(i) be made with the aim of
furthering the criminal activity or
criminal purpose of the group,
where such activity or purpose
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HUMAN RIGHTS LAW
involves the commission of a crime
defined in this Act; or
(ii) be made in the knowledge of
the intention of the group to
commit the crime.
(b) A person shall be criminally liable as accomplice
for facilitating the commission of a crime defined
and penalized in this Act if he/she aids, abets or
otherwise assists in its commission or attempted
commission, including providing the means for its
commission.
(c) A person shall be criminally liable for a crime
defined and penalized in this Act if he/she attempts
to commit such a crime by taking action that
commences its execution by means of a substantial
step, but the crime does not occur because of
circumstances independent of the person's
intention. However, a person who abandons the
effort to commit the crime or otherwise prevents the
completion of the crime shall not be liable for
punishment under this Act for the attempt to
commit the same if he/she completely and
voluntarily gave up the criminal purpose.
Section 9. Irrelevance of Official Capacity. - This Act shall
apply equally to all persons without any distinction based on
official capacity. In particular, official capacity as a head of
state or government, a member of a government or
parliament, an elected representative or a government official
shall in no case exempt a person from criminal responsibility
under this Act, nor shall it, in and of itself, constitute a ground
for reduction of sentence. However:
(a) Immunities or special procedural rules that may
be attached to the official capacity of a person under
Philippine law other than the established
constitutional immunity from suit of the Philippine
President during his/her tenure, shall not bar the
court from exercising jurisdiction over such a person;
and
(b) Immunities that may be attached to the official
capacity of a person under international law may
limit the application of this Act, nut only within the
bounds established under international law.
Section 10. Responsibility of Superiors. - In addition to other
grounds of criminal responsibility for crimes defined and
penalized under this Act, a superior shall be criminally
responsible as a principal for such crimes committed by
subordinates under his/her effective command and control,
or effective authority and control as the case may be, as a
result of his/her failure to properly exercise control over such
subordinates, where:
(a) That superior either knew or, owing to the
circumstances at the time, should have known that
the subordinates were committing or about to
commit such crimes;

(b) That superior failed to take all necessary and
reasonable measures within his/her power to
prevent or repress their commission or to submit the
matter to the competent authorities for investigation
and prosecution.
Section 11. Non-prescription. - The crimes defined and
penalized under this Act, their prosecution, and the execution
of sentences imposed on their account, shall not be subject to
any prescription.
Section 12. Orders from a Superior. - The fact that a crime
defined and penalized under this Act has been committed by
a person pursuant to an order of a government or a superior,
whether military or civilian, shall not relieve that person of
criminal responsibility unless all of the following elements
occur:
(a) The person was under a legal obligation to obey
orders of the government or the superior in
question;
(b) The person did not know that the order was
unlawful; and
(c) The order was not manifestly unlawful.
For the purposes of this section, orders to commit genocide
or other crimes against humanity are manifestly unlawful.
CHAPTER VI
Protection of Victims and Witnesses
Section 13. Protection of Victims and Witnesses. - In addition
to existing provisions in Philippine law for the protection of
victims and witnesses, the following measures shall be
undertaken:
(a) The Philippine court shall take appropriate
measures to protect the safety, physical and
physiological well-being, dignity and privacy of
victims and witnesses. In so doing, the court shall
have regard of all relevant factors, including age,
gender and health, and the nature of the crime, in
particular, but not limited to, where the crime
involves sexual or gender violence or violence
against children. The prosecutor shall take such
measures particularly during the investigation and
prosecution of such crimes. These measures shall
not be prejudicial to or inconsistent with the rights of
the accused and to a fair and impartial trial;
(b) As an exception to the general principle of public
hearings, the court may, to protect the victims and
witnesses or an accused, conduct any part of the
proceedings in camera or allow the presentation of
evidence by electronic or other special means. In
particular, such measures shall be implemented in
the case of the victim of sexual violence or a child
who is a victim or is a witness, unless otherwise
ordered by the court, having regard to all the
circumstances, particularly the views of the victim or
witness;
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HUMAN RIGHTS LAW
(c) Where the personal interests of the victims are
affected, the court shall permit their views and
concerns to be presented and considered at stages
of the proceedings determined to be appropriate by
the court in manner which is not prejudicial to or
inconsistent with the rights of the accused and a fair
and impartial trial. Such views and concerns may be
presented by the legal representatives of the victims
where the court considers it appropriate in
accordance with the established rules of procedure
and evidence; and
(d) Where the disclosure of evidence or information
pursuant to this Act may lead to the grave
endangerment of the security of a witness for
his/her family, the prosecution may, for the purposes
of any proceedings conducted prior to the
commencement of the trial, withhold such evidence
or information and instead submit a summary
thereof. Such measures shall be exercised in a
manner which is not prejudicial to or inconsistent
with the rights of the accused and to a fair and
impartial trial.
Section 14. Reparations to Victims. - In addition to existing
provisions in Philippine law and procedural rules for
reparations to victims, the following measures shall be
undertaken:
(a) The court shall follow the principles relating to
the reparations to, or in respect of, victims,including
restitution, compensation and rehabilitation. On this
basis, in its decision, the court may, wither upon
request or on its own motion in exceptional
circumstances, determine the scope and extent of
any damage, loss and injury to, or in respect of,
victims and state the principles on which it is
acting;1avvphi1
(b) The court may make an order directly against a
convicted person specifying appropriate reparations
to, or in respect of, victims, including restitution,
compensation and rehabilitation; and
(c) Before making an order under this section, the
court may invite and shall take account of
representations from or on behalf of the convicted
person, victims or other interested persons.
Nothing in this section shall be interpreted as prejudicing the
rights of victims under national or international law.
CHAPTER VII
Applicability of International Law and Other Laws
Section 15. Applicability of International Law.- In the
application and interpretation of this Act, Philippine courts
shall be guided by the following sources:
(a) The 1948 Genocide Convention;
(b) The 1949 Genava Conventions I-IV, their 1977
Additional Protocols I and II and their 2005
Additional Protocol III;
 HUMAN RIGHTS LAW

(c) The 1954 Hague Convention for the Protection of of the same offense and acquitted, or having been convicted,
Cultural Property in the Event of Armed Conflict, its already served their sentence.
First Protocol and its 1999 Second Protocol;
Section 18. Philippine Court, Prosecutors and Investigators. -
(d) The 1989 Convention on the Rights of the Child The Regional Trial Court of the Philippines shall have original
and its 2000 Optional Protocol on the Involvement of and exclusive jurisdiction over the crimes punishable under
Children in Armed Conflict; this Act. Their judgments may be appealed or elevated to the
Court of Appeals and to the Supreme Court as provided by
(e) The rules and principles of customary law.
international law;
The Supreme Court shall designate special courts to try cases
(f) The judicial decisions of international courts and involving crimes punishable under this Act. For these cases,
tribunals; the Commission on Human Rights, the Department of Justice,
the Philippine National Police or other concerned law
(g) Relevant and applicable international human enforcement agencies shall designate prosecutors or
rights instruments; investigators as the case may be.

(h) Other relevant international treaties and
conventions ratified or acceded to by the Republic of
the Philippines; and
(i) Teachings of the most highly qualified publicists
and authoritative commentaries on the foregoing
sources as subsidiary means for the determination of
rules of international law.
Section 16. Suppletory Application of the Revised Penal Code
and Other General or Special Laws. - The provisions of the
Revised Penal Code and other general or special laws shall
have a suppletory application to the provisions of this Act.
The State shall ensure that judges, prosecutors and
investigators, especially those designated for purposes of this
Act, receive effective training in human rights, International
Humanitarian Law and International Criminal Law.
CHAPTER IX
FINAL PROVISIONS
Section 19. Separability Clause. - If, for any reason or reasons,
any part or provision of this Statute shall be held to be
unconstitutional or invalid, other parts or provisions hereof
which are not affected thereby shall continue to be in full
force and effect.

CHAPTER VII
JURISDICTION
Section 17. Jurisdiction.- The State shall exercise jurisdiction
over persons, whether military or civilian, suspected or
accused of a crime defined and penalized in this Act,
regardless of where the crime is committed, provided, any
one of the following conditions is met:
Section 20. Repealing Clause. - All laws, presidential decrees
and issuances, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Statute are
hereby repealed or modified accordingly.
Section 21. Effectivity. - This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or in
two (2) newspapers general circulation.

(a) The accused is a Filipino citizen;

(b) The accused, regardless of citizenship or

residence, is present in the Philippines; or

(c) The accused has committed the said crime against

a Filipino citizen.

In the interest of justice, the relevant Philippine authorities

may dispense with the investigation or prosecution of a crime
punishable under this Act if another court or international
tribunal is already conducting the investigation or undertaking
the prosecution of such crime. Instead, the authorities may
surrender or extradite suspected or accused persons in the
Philippines to the appropriate international court, if any, or to
another State pursuant to the applicable extradition laws and
treaties.

No criminal proceedings shall be initiated against foreign

nationals suspected or accused of having committed the
crimes defined and penalized in this Act if they have been
tried by a competent court outside the Philippines in respect

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