Beruflich Dokumente
Kultur Dokumente
Nulla poena sine lege (Latin for "no penalty without a law", is a legal principle,
requiring that one cannot be punished for doing something that is not prohibited
by law.
II. HUMAN RIGHTS, ITS ATTRIBUTES, ORIGIN AND THE THREE GENERATIONS
Human Rights – are rights which necessarily spring from being a member of the
human species.
Rule of Law
Customary law: Jus cogens, erga Barcelona Traction Light and Power Company,
omnes , Actio popularis
The Second Optional Protocol, which entered into force on July 11, 1991, is
aimed at the abolition of death penalty. This was ratified by the Philippines on
November 20, 2007, after it passed R.A. 9346 abolishing death penalty in June
2006.
Judicial writs
Writ of habeas corpus – a writ issued by a judge directed to the person detaining
another, commanding him to produce the body of a prisoner at a designated time
and place.
Writ of amparo – is a remedy available to any person whose right to life, liberty
and security is violate or threatened with violation by an unlawful act or omission
of a public official or employee, or of a private individual or entity. The writ shall
cover extralegal killings and enforced disappearances or threats thereof.
Writ of habeas data - is a remedy available to any person whose right to privacy
in life, liberty and security is violate or threatened with violation by an unlawful
act or omission of a public official or employee, or of a private individual or
entity engaged in the gathering, collecting or storing of data or information
regarding the person, family, home and correspondence of the aggrieved party.
Beltran v Secretary of Health, GR 133640, 133661 and 139147, Nov 25, 2005
Marcos v. Manglapus, GR 88211, Sept 15, 1989 and Oct 27, 1989
American Bible Society v City of Manila, GR No. L-9637, April 30, 1957.
Treaty Based
Human Rights Committee
Monitoring Bodies
CASES (Midterms):
In the matter of Petition for Habeas Corpus of Leonardo Paquinto & Jesus
Cabangunay GR 115576, Aug 4, 1994
Albert Wilson v Executive Secretary, GR 189220, Dec. 7, 2016
Villar v Technological Institute of the Phils. GR L-69198, April 7, 1985
Aberca v Ver, GR L-69866, April 15, 1988
Juan Ponce Enrile v Sandiganbayan, GR 213847, Aug 18, 2015
Isidro Hildawa, v Ministry of Defense, GR L-67766, Aug 14, 1985
Chavez v Gonzales, GR 168338m Feb. 15, 2008, Concurring Opinion, Sandoval
Gutierrez
Isabelita Lahon v. Sibulo, GR 143989, July 14,
Diosdado Jose Allado v Diokno, GR 113630, May 5, 1994
Secretary of National Defense v Manalo, GR 180906, Oct. 7, 2008
Vadim Chirskoff v Commissioner of Immigrations, GR L-3802, Oct 26, 1951
Ang Ladlad LGBT Party v Comelec, GR 190582, April 8, 2010
George Tubb v Griess GR L-1325, April 7, 1947
SSS Employees Assn. v CA, GR 85279, July 28, 1989
Arreza v Gregorio Araneta University Foundation, GR L-62297, June 19, 1985
Resident Marine Mammals v Angelo Reyes, GR 180771, April 21, 2015
Bayan Karapatan v Ermita, GR 16838, April 25, 2006
P/Supt Felixberto Castillo v Dr. Amanda Cruz, GR 182165, Nov. 25, 2007
Garcia v Drilon, GR 179267, June 25, 2013
Guinguiung v CA, GR 128959 Sept 30, 2005
Edita Burgos v Pres. Gloria Arroyo, GR 183711 , June 22, 2010
Loloy Unduran v Aberrasturi, GR 181284, April 18, 2017