HUMAN RIGHTS LAW (Jorge Coquia)

Digested by Lex - February 15, 2018

Chapter I
GENERAL NATURE AND DEFINITION OF HUMAN
RIGHTS

What do you understand by human rights?

Human rights are universal legal guarantees protecting individuals and groups
against actions which interfere with fundamental freedoms and human
dignity.  Human rights are generally defined as those rights which are inherent in our
nature and without which, we cannot live as human beings. These rights and
fundamental freedoms allow us to develop and use our human qualities,
intelligence, talents and conscience, and to satisfy our spiritual and other needs.  The
dignity of man and human life is inviolable. From the dignity of man is derived the
right of every person to free development of his personality.  It's the essence of
these rights that make man human.

Basic Charateristics:  inherent, fundamental, inalienable, imprescriptible, indivisible,

universal and interdependent.

Classified to:

A.  According to source - natural rights, constitutional rights, statutory rights

B. According to recipient - individual rights, collective rights

C. According to aspect of life - civil, political, economic, social, cultural rights

D. According to struggle for recognition - first, second and third generation rights

E. According to derogability - absolute or non-derogable, derogable or can-be-limited

rights

What are the Sources of human rights?

Natural rights - God-given rights, unwritten, prevail as norms of society

B. Constitutional rights - conferred and protected by the Constitution and cannot be

modified or taken away by the law-making body
C. Statutory rights - provided by law promulgated by the law-making body and may
be abolished by the same

Who are entitled to enjoy human rights?

ALL

How did the violation of human rights originate?

History has shown that as man started to live in a society, his inherent rights began
to be violated by his own fellowmen. The state authorities who are supposed to
protect his rights are even his persecutors.  

Who were the first violatiors of human rights?

The first violators were the Greeks and Romans who were supposed to have started
the development of Western civilization - they legalized the institution of slavery,
when men and women were held as chattels and could be disposed of in any manner

Human rights are characterized as Inherent. Why? Give examples.

Not granted by any person or authority, do not need any event for their existence.
Ex: right to life and dignity as a human being

Human rights are Fundamental. Why? Give examples. 

Without them the life and dignity of man will be meaningless. Ex: right to individual
liberty and security of a person or freedom of thought and religion

Human rights are Inalienable. Why? Give examples 

Cannot be rightfully taken away from an individual. Ex: freedom from torture

Human rights are Imprescriptible. Why? Give examples 

Cannot be lost even by a long passage of time. Ex: freedom of thought, conscience
and religion

Human rights are Indivisible. Why? Give examples

Not capable of being divided.  Ex: freedom of belief or opinion, freedom of religion
and worship.  

Human rights are Universal. Why? Give examples 

No borders, applies to all.  Ex: right to life is the same whether one is in Asia or
Europe

Human rights are Interdependent. Why? Give examples 

The fulfillment or exercise of one cannot be had without the realization of the other.
Ex: one's right to life and existence as a person cannot be realized without one's right
to work and maintain a good standard of living

What do you mean by 2nd generation of human rights. Give examples. 

Covers economic, social and cultural rights, which primarily find their origin in the
socialist tradition and have been variously promoted by revolutionary struggles and
welfare movements, also known as social welfare rights.  Ex: right to development,
right to work under decent living conditions, right of workers to self-organization.

What are 3rd and 4th generation of human rights. Give examples of each.

Covers collective rights, best understood as a product of both the rise and decline of
the nation-States in the last half of the 20th century.  Ex: right of people to a healthy
environment

CHAPTER II
HISTORY, THEORIES OF SOURCES AND DEVELOPMENT OF HUMAN
RIGHTS

What is the origin of human rights?

These arose from the struggle of man against injustices of despotic rulers.  Men
revolted against the concept of the "Divine Right of Kings." In the Middle Ages, the
Magna Carta was delivered by King John in 1215. It is regarded as the first English
Constitution that guaranteed the personal liberties and civil rights.  The Americans
revolting against the English King in 1776 declared their own Bill of Rights. The
French in 1789 proclaimed the Declaration of the Rights of Man where it was
declared that all men are born free and equal and affirmed the inalienable rights of
man.  Eventually most democratic countries adopted in their respective constitutions
their own Bill of Rights.
Name and explain some of the theories advanced as the sources of human rights.

Religious or theological approach - doctrine of a Supreme Being, the creator, the

Father of all humanity. Central is the concept of the dignity of man as a consequence
of human rights, and therefore the rights are universal, inalienable and cannot be
denied by mortal beings (men).

Natural Law - the conduct of men must always conform to the law of nature, and this
theory is detached from religion.  The natural characteristics of human beings are
the social impulse to live peacefully and in harmony with others, and whatever
conformed to the nature of men was right and just.  Whatever is disturbing to social
harmony is wrong and unjust. 

Positivist - states that all rights and authority come from the state and what officials
have promulgated, that rights are enjoyed if recognized and protected by legislation
promulgated by the state.

Marxist - emphasizes the interest of society over an individual's interest –

communism

Functional or sociological approach - human rights exist as a means of social control,

that human rights exist to serve the social interests of society. This approach was
developed in the early 20th century when there were demands for a variety of
wants, as help for the unemployed, handicapped, underprivileged, minorities and
other disadvantaged groups.

Utilitarian Theory - principle that requires governments to maximize the total net
sum of citizens. It emphasizes that an individual cannot be more important than the
entire group.  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

Theory based on Justice - each person has equal rights to the whole system of
liberties.  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 

Theory based on Equality and Respect - government must treat all their citizens
equally, and must intervene in order to advance the general welfare

Theory based on the Dignity of man - this theory proceeds on the premise that
human rights means sharing values of all identified policies upon which human rights
depend on.  The ultimate goal of this theory is a world community where there is
democratic sharing and distribution of values. All available resources are utilized to
the maximum and the protection of human dignity is recognized.  This is better
referred to as policy science approach

What are the circumstances that brought out the concept of human rights in
ancient history?

Rulers were despotic and tyrannical, and citizens rose against the injustices that they
have long suffered

What famous documents in history that contained concepts of human rights?

Briefly discuss each of these documents.

Magna Carta of 1215 – first English Constitution delivered by King John, it

guaranteed personal liberties and civil rights

Bill of Rights of 1689 – revolutionaries of England determined to prevent arbitrary

royal rule laid this down, this document guaranteed freedom from cruel and unusual
punishment and excessive fines

Bill of Rights 1776 – Americans revolting from the English, this document asserted
that all men by nature are fully free and independent and have inherent rights such
as enjoyment of life and liberty, the means of acquiring and possessing of properties,
and obtaining happiness

Declaration of the Rights of Man 1789- by French revolutionaries, this document

declared that all men are born free and equal and affirmed the inalienable rights of
men.

Explain why human rights became an international concern.

The struggle for the respect of human rights was initially a domestic or national
issue, but the atrocities committed on mass of people during World War II convinced
international jurists that the protection of human rights should be an international
concern.

How was human rights introduced in the Philiipines?

Human Rights was introduced to the Philippines when Jose Rizal wrote about the
abuses of the Spanish authorities in his books and he was executed for it.  Since 1896
the educated Filipinos were already aware of the American and English Bill of Rights,
and the Malolos Constitution was adopted in 1899. It contained provisions that
guaranteed freedom from arbitrary arrest and detention, freedom from searches
and seizures, freedom to choose domicile and freedom of religion.

What historical events in the Philippines prompted Filipinos to protect and

promote human righs?

Colonial Spanish regime – economic and class discrimination was rife

Military Rule of Japan from 1942-1944

Martial Law of President Marcos

What consist of International Bill of Human Rights?

In Article II, Section 11, it reads “The State values the dignity of every human person
and guarantees full respect for human rights.”  To implement this policy, the
Commission on Human Rights was created as a constitutional independent body
under Article XIII, Sections 17-19 of the Phil. Constitution.  This resulted to a
substantial decrease of number of violations among law enforcement in the human
rights, but there is still much to be done.  

Stated and explain the constitutional policy of Philippines on human rights.

The new constitution (1987 Constitution) states that the State values the dignity of
every human person and guarantees full respect for human rights.

Chapter III
The International Bill of Human Rights

What are the reasons why the reaffirmation of the fundamental human rights was
one of the main objectives of the organization of the United Nations?

Ans: - Enforce equal human rights; “to reaffirm faith in fundamental human rights
and the dignity and worth of human person” (UN Chaarter Preamble)

- Recognition and respect of human rights and freedoms not due to discrimination

- to achieve “universal respect for an observance of human rights and fundamental

freedoms” 
* yan yung gist pero baka ipa-enumerate yung articles galing sa UDHR na minention
sa chap 3

What documents compose the International Bill of Human Rights?

Ans: United Nations Charter, Universal Declaration on Human Rights, International

Covenant on Economic, Social and Cultural Rights, and International Covenant on
Civil and Political Rights

Name some of the fundamental human rights ad explain each briefly.

Ans: - Equal Protection of rights - human beings must have equal rights, no
discrimination

- Right to life, liberty and property - 

- Right to Privacy - no arbitrary interference with his privacy, family, home, 

communications, correspondence

- Freedom of speech, expression and religion - inviolable right to express one self
unless justifiably limited by the government

What international instruments have been adopted to serve as legally binding

treaties on the countries that ratified them?

Ans: International Covenant on Economic, Social and Cultural Rights and

International Covenant on Civil and Political Rights - both overseen by the UN

What are some of the hindrances or obstacles to the enforcement of the human
rights international instruments?

Ans: - War crimes

- authoritarian regimes headed by dictators

- Art. 2 par. 7 of UN Charter that gives no authority to the UN to investigate  matters

happening within the domestic jurisdiction of the country/nation

What are the remedies to deal in the hindrances or obstacles in the enforcement
of human rights? Cite examples.
Ans: - implementing international treaties as local legislation

Chapter IV
Civil and Political Rights as Applied in the Philippines

What do you understand by civil rights? 

Ans: Civil rights are the rights which the law will enforce at the instance of individuals
without discrimination for the enjoyment of their lives, liberty and means of
happiness.

How is civil right distinguished from political right? 

Ans: Both are protected personal rights but political rights are especially catering to
the right to participate directly or indirectly in the establishment or administration of
government. Political rights are rights to enable people to participate in running the
affairs of the government.

Why are these rights called “Negative Rights”? 

Ans: In answer to restraint the tyrannical government. 

Ex. “No one should be tortured”, “No one should be deprived of freedom of
expression”, “no one should be deprived of life”

Mention at least 3 basic civil rights and how they are applied in Philippine society.

Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no person, not even the state
has the authority to take one’s ife)

- Right to Privacy - Art III Sec 3 (right to be free from intrusions into certain  thoughts
and activities)

- Freedom of expression - Art 3, Sec 4-5 (right to self-determination)

Discuss at least 3 rights of a person who is accused of a crime.

Ans: - Right to be informed of the nature and cause of the accusation against him

- Right to bail
- Right to meet the witnesses face to face

* remember Art III, Sec 14

What do you understand by the principle of “presumption of innocence” of an

accused person? What is the reason of such presumption?

Ans: this means that an accused cannot be presumed to have committed the charges
against without the proof of guilt beyond reasonable doubt. The accused cannot be
imprisoned just based on circumstantial evidence. The strict compliance with this is
the court’s policy on protecting an actually innocent person from going to jail. 

What do you understand by the right of persons to peaceably assemble? Are there
limitations or restrictions to this right? 

Ans: “Peaceful Assembly” means the right of citizens to meet peacefully for
consultation in respect to public issues and to petition the government for redress of
grievance.

This right can be restricted on grounds of national security, public order, the
protection of public health or morals, or the protection of the rights of others.

CHAPTER V
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS APPLIED IN THE
PHILIPPINES

Briefly explain what is meant by economic, social and cultural rights

They are the commitments of the state for opportunities to achieve equality and
distributive justice to its citizens such as the right to food, clothing, housing and
education. It included the right to work with fair and just wages, decent working
conditions, and protection of the family to maintain the decent standard of living.

Why are these rights considered as “social welfare rights”

They are generally stated as positive undertakings or obligations of the government

to ensure economic well being of the people.

Why are these rights also called “Affirmative rights”

They are viewed as goals or aspirations that government should provide for its
citizens depending upon its resources.
What are the main purposes of the economic rights? Cite examples and explain.

To promote high standard of living, full enjoyment and conditions of economic and
social progress and development.

What do you mean by social rights? Cite examples.

Social rights are those rights concerned with basic human needs.

Ex: 1. Right to development

      2. Right to self Determination

      3. Right of Workers to Self-Organization 

      4. Right to Work under Decent Living Conditions

      5. Right to Work in Third World Countries

      6. Right to Strike

      7. Right to Strike as Against Property Rights

      8. Right to Social Security 

      9. Protection of and Assistance to Family

      10. Right to Education and Development of Human Personality 

      11. Right to Students and Academic Freedom

      12. Participation in Cultural Life and Benefits of Scientific Progress 

      13. Religious Education and Instruction

      14. Right to High Standard of Physical and Mental Health 

What do you mean by cultural rights? Cite examples and explain.

Rights that aim at assuring the enjoyment of culture and its components in
conditions of equality, human dignity and non discrimination.

Ex: 1. Right to provide funds for the promotion of cultural development

      2. Promotion of awareness and enjoyment of the cultural heritage of national

ethnic groups and minorities and of indigenous peoples.

      3. Preservation and presentation of mankind's cultural heritage

      4. Legislation protecting the freedom of artistic creation and performance

Mention some provisions in the Philippine Constitution on Economic rights, Social

rights, and Cultural rights.

1. Art. XII on the National Economy and Patrimony

2. Art. XIII on Social Justice and Human Rights, Agrarian and Natural Resources,
Urban Land Reform and Housing, Health Women

3. Art. XIV on Education, Science and Technology, Arts, Culture and Sports

4. Art. XV on the family

What are the obligations of developed and industrialized countries towards Third
World Countries on economic, social and cultural rights?

State Parties are obliged to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of
its available resources, with a view to achieving progressively the full realization of
the rights recognized in the present covenant.

What is meant by “public interest and social litigation?”

It’s the actions or remedies to enforce and implement Economic, Social and Cultural
rights. Must be accessible to all people, should be simple and at the minimum cost.
Free from technical forms of pleadings, rules of procedure in said cases should be
relaxed and socio-legal fact finding bodies should be appointed to determine facts in
issue.
How should the State comply with the Covenant on Economic, Social and Cultural
Rights?

By incorporating in their constitution most of the rights enumerated in the

International Covenant in Economic, Social and Cultural Rights and implementation
of it through social legislation.

What is meant by Right of Development? Cite concrete examples.

Inalienable human right by virtue of which every human person and all people are
entitled to participate in, contribute to, and enjoy economic, social, cultural and
political development, in which all human rights and fundamental freedoms can be
fully realized.

Ex:  1. Economic prosperity

       2. Social, political and cultural empowerment

       3. Social reform

       4. Economic reform

       5. Agriculture reform

       6. Agrarian reform and natural resources

       7. Infrastructure development

       8. Governance and development financing

CHAPTER VI
HUMAN RIGHTS SITUATION OF VULNERABLE
SECTORS

Mention the persons or group of persons who are most vulnerable to violations of
human rights?

1. Women

2. Children
3. Youth

4. Indigenous Cultural Minorities

5. Muslim Population

6. Elderly

7. Disabled People

8. Mentally Disabled People

9. Prisoners and Detainees

10. Internally Displaced People

11. Migrant Workers

13. Urban Poor

14. Refugees and Stateless Persons

15. Laborers (Public, Private and Informal)

16. Rural Workers

17. Peasants and Fishermen

18. Houshelpers

What are the factors or reasons why they are vulnerable to violations of human
rights?

Due to their Origin, status and conditions.

Cite concrete examples of each sector.

1. Children (Children in Emergency Situations – Zones of Peace, children recruited  in

Warfare, Children in Conflict with the Law, Child Labor ,Children of Migrant Workers,
Children of Indigenous Tribes  and Transnational Children, Children of Families with
HIV, Children of Refugees Children as House helpers)

2. Women (Rape, sexually abused and exploited women)

3. Youth ( In- School Youth, Out-Of-School Youth, Working Youth and Special Youth)

4. Elderly ( Senior Citizens, Abondoned elderly in home for the aged, those belonging
to poor families)

5. Disabled People  (Deaf, mute, blind, incompent, cripple, pwds)

6. Mentally Disabled People (  physically and sexually abused persons)

7. Prisoners and Detainees (wrongfully convicted, juveniles)

8. Migrant Workers (OFWs)

9. Urban Poor ( street children,  families in urban areas with incomes below the
poverty line, slums)

10. Internally Displaced People

11. Laborers (Public, Private and Informal)

12. Rural Workers

13. Peasants and Fishermen (Agri workers)

14. Houshelpers (even children)

Cite the international instruments adopted to prevent or reduce the violation of

their human rights in vulnerable groups.

Universal Declaration of Human Rights, Convention on the Rights of a Child, The

Rules of the Protection for Non-Combatants under Protocol I, Protection of victims of
Non-international Armed Conflicts Protocol II, Covenant on Civil and Political Rights,
Convention on Migrant Workers, Convention on Refugees, Covenant on Social,
Economic and Cultural Rights, Convention of Stateless Persons, 
Cite local laws enacted to assist those whose rights are vulnerable to human rights
violations.

1. The Philippine Constitution

The Revised Penal Code 

The Labor Code

RA 7610 : Special Protection of Children Against Abuse, Exploitation and

Discrimination Act.

RA9262: Anti-Violence Against Women and Their Children Act of 2004

PD 60: Child and Youth Welfare Code 

RA:8353:Anti- Rape Law 

RA 8505: Rape victim assistance and Protection Act 

RA 9775 : Anti-Child Pornography Act 

RA 10175: Cyber Crime Prevention Act 

RA 9995: Anti-Photo and Video Voyeurism Act 

RA 9208: The Anti-Trafficking in Persons Act of 2003 

Rules of the protection for Non-Combatants under Protocol I, Protection of victims of

non-international armed conflicts 

RA 9344:  Juvenile Justice and Welfare Act of 2006.

RA 7658: An Act Prohibiting the employment of Children below 15 years of age, 

RA: 9231: An Act providing for Elimination of the worst Forms of Child Labor and
affording Stronger Protection for the Working Child 

RA 10361: Domestic Workers Act or Batas Kasambahay

RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042, OTHERWISE KNOWN AS THE
MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995

CHAPTER VII 
 DISCRIMINATION

1. What do you understand by discrimination? Cite concrete examples to show

discrimination.

Discrimination generally means the failure to treat everyone alike according to the
standards and rules of action. 

Examples: 

Racial Discrimination (Apartheid, Cultural Minorities, etc.) 

Sex Discrimination (Violence against Women, Political Rights of Women IN THE

PAST, Trafficking of Women and Prostitution, etc.)

Religious Discrimination (Religious discrimination in education,etc.) 

2. What is the relation of discrimination to equality and dignity of human beings?

In the field of human rights, discrimination is regarded as particularly objectionable

because it disregards fundamental notions of human dignity and equality before the
law.

3. Are there provisions in the United Nations Charter dealing on discrimination?

Cite and explain.

“Universal respect for an observance of human rights and fundamental freedoms for
all without distinction as to race, sex, language or religion. These objectives are
intended to promote the creation of conditions and stability which are necessary for
a peaceful and friendly relations among nations based on respect for the principle of
equal rights and self determination of people.” (Art. 55c)

4. What is the provision on the Universal Declaration of Human Rights on

discrimination?

The preamble of Universal Declaration of Human Rights emphasized that “the equal
and inalienable rights of each member of the human family”. UDHR believed that the
foundation of freedom, justice and peace in the world will be achieved only through
equal rights of men and women.

“Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, 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.” (ART. 2)

5. Cite provisions in the Philippines Constitution prohibiting discrimination. Cite

some examples.

Cultural Minorities 

“The state shall recognize, respect and protect the rights of indigenous cultural
minorities to preserve and develop their cultures, traditions, and institutions. It shall
consider these rights in the formulation of national plans and policies” (Art. XIV, Sec.
17)

Women 

“The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men” (Art. II, Sec. 14)

“The State shall protect working women by providing safe and healthful working
conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full
potential in the service of the nation” (Art. XIII, Sec. 14)

Religious Test

“No religious test shall be required for the exercise of civil or political rights” (Art III,
Sec. 5)

6. What particular groups of persons are usually discriminated against? Why?

Groups that are usually discriminated are women, children, cultural minorities, poor
people and other vulnerable sectors.  It is because they are the groups who lack
knowledge about their rights. They are perceived to be weak that doesn’t have the
capacity to fight for their rights.
7. What is meant by religious discrimination? Give examples.

Declaration on All Forms of Intolerance and of Discrimination Based on Religion or

Beliefs provides that in religious discrimination, everyone should have the freedom
of thought, conscience and religion, that no one should be subjected to coercion,
which would impair his/her freedom to have a religion or belief of his/her own
choice. 

EXAMPLE:

Religious test in the exercise of civil or political rights

Impediment to marriage on account of religion

Refusal to admit student on account of religion

8. Have you observed in your community any form of discrimination? Cite concrete
examples and state why you consider them discrimination.

Assistance given to poor people in government agencies, public offices (NBI, NSO,
LTO, etc,.)

ETC. 

9. In what ways are the economically disadvantaged discriminated?

Economically disadvantaged do not enjoy equal opportunities on the availment of

government services and resources. In spite of the Land Reform Law, majority are
still landless, suffering from the landlord-tenancy relationship. Poor people are
discriminated against in many ways.

Chapter VIII
The Role of Non Governmental Organizations in the Promotion and Protection of
Human Rights

1. What do you understand by Non-Governmental Organizations (NGOs) on Human

Rights?

A non-governmental organization (NGO) is a not-for-profit organization primarily

created to promote and protect human rights. They primarily participate in the
United Nations on a Consultative Status while the latter create charters and support
human rights.  Some NGOs like the International Red Cross protect human rights by
providing medical assistance, food and other basic needs to victims of violations.

2. In what way are they recognized by the United Nations?

The United Nations recognize the role and importance of NGOs in the protection of
Human Rights through their charter, Article 71 states "The Economic and Social
Council may make suitable arrangements for consultation with non-governmental
organizations which are concerned with matters within its competence."  This
enabled the council to consult NGOs on any activity involving the promotion and
protection of human rights.

3. Mention some international NGOs and state activities they are engaged in on
human rights.

Amnesty International focus on providing legal aid and assistance victims of torture
and those wrongly convicted of crimes.  Through their website they also promote
human rights by posting news that promote awareness on human rights violations.

4. What do you mean by NGOs as Ombudsmen?

NGOs function as Ombudsmen, safe-guarding human rights and calling the attention
of the government on violations through periodic reports, public statements
participation in the deliberations established by intergovernmental organizations

NGOs stimulate public opinions and initiation on the foundation of foreign policy of
countries on matters concerning the violation of human rights.

5. Mention some of the NGOs in the Philippines and briefly discuss their roles in
protecting and promoting human rights.

Like Amnesty International, the Philippine Alliance of Human Rights Advocates

promote human rights by posting news and reports that promote awareness of
Human Rights violations.

The Medical Action Group, on the other hand, aside from posting news and reports,
the actively promote human rights by doing the following.

Organize/mobilize necessary resources for health services.

Maintain a resource center including books, manuals, audiovisuals and other

educational materials pertaining to health and human rights.
Publish a quarterly news magazine that carries news and information on the health
and human rights situation in the country and abroad.

Educate the beneficiaries on their right to health to help them participate in shaping
an alternative health care system.

Campaign for the abolition of torture as well as the welfare of the other
beneficiaries.
Conduct fact-finding missions, exhumations and autopsy to victims of extrajudicial
executions.

Monitor the health condition of workers in the picket line or farmers on hunger
strike.

6. In what way or ways do they help the Commission on Human Rights on its
monitoring functions?

The Commission on Human Rights is mandated to conduct investigations on human

rights violations against marginalized and vulnerable sectors of the society, involving
civil and political rights.  To accomplish its functions, the CHR accept reports from
NGOs on violations of Human Rights.  Similar to the United Nations, the CHR also
consults NGOs to monitor and reinforce Human Rights.

7. What do you understand by "Development Aggression"?

Development Aggression is a term used by indigenous peoples to refer to

development projects that violate their human rights.

It refers to projects planned or progressed without free, prior and informed consent
from an impacted local community as required by international law, such as in the
United Nations Declaration on the Rights of Indigenous Peoples.

8. In what way or ways does "Development Aggression" violate human rights?

Development Aggression violates human rights because it displaces communities

from cultural lands rightfully theirs to another location for the sake of infrastructure
and other industrial advancements

For example, the Lumad comprise the indigenous people living in Southern

Mindanao. They have become refugees in different parts of the country as they flee
from escalating violence, rape, harassment and land-grabbing by mining and other
business interests taking over their territories.
Chapter IX
HUMAN RIGHTS EDUCATION

Q: What do you mean by Human Rights Education?

System used for Training, Dissemination and Information Efforts aimed at building of
universal culture of human rights.

Imparting of Knowledge and skills on the molding of attitude, which direct towards
the strengthening the people’s respect for human rights.

Provides the understanding, tolerance, gender equality and friendship among all
nations including indigenous people and racial, national ethnic, religious and
linguistic groups.

Enables a person to participate effectively in a FREE society.

Q: What is the importance of Human Rights Education in the Philippines?

People will know when they are already violating the right of others.

People will know how they can protect, not only themselves but also the rights of
others.

People will become aware of the duties they owe to others.

People will know when they may turn to for help.

Q: What sectors of the Philippine society should be educated first on human

rights? Why?

Commission on Human Rights identified the following sectors that should be

educated on Human Rights, which are, Military Personnel, Police Officers and other
Law Enforcement Agencies. The reason behind is that these government sectors are
the most prone to the violation of Human Rights. 

Q: How should human rights education be given to the barangays?

CHR institutionalized Barangay Human Rights Action Centers to handle Human Rights
education and enforcement within the community. They are given basic program on
Constitutional Provisions and Basic Provisions of the International Instruments.
Q: Should human rights course be a part of the curriculum in schools? Why?

Yes. Human Rights education should start at the grass root level. Therefore, the best
way to integrate it in our education system is to include it in the curriculum of all
learning institutions. Moreover, the young ones are more expected to be receptive
with Human Rights education. 

Q: What methods are suggested for the teaching of human rights to school
students? To college students?To adult citizens in barangays?

CHR Human Rights Module

Situational Example of Human Acts and how could there be possible Human Rights
Violation

Question and Answer

Chapter X
REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS , TREATIES AND
LAW

Q: What do you mean by remedies for enforcement of human rights?

For every right, there must be an effective remedy. These remedies are developed by
the law making bodies in which people may use to seek proper course of action in
the event that their human rights have been violated.

Q: What are the forms of remedies available to human rights victims through:

United Nations Systems

Optional Protocol to International Covenant on Civil and Political Rights adopted in

1966 (Ratified by the Philippines on August 22, 1989).

The International Covenant on Elimination of all Forms of Racial Discrimination

(Ratified by the Philippines on September 15, 1967).

Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or

Punishment (Ratified on June 18, 1986).

1503 Procedure 
Through International Tribunals

International Criminal Tribunal for Violations of Humanitarian Law

International Criminal Court (ICC) Rome Statute

Through National or Domestic Tribunals

Governed by Local State Policies

Q: May an individual file complaint for violations of human rights in United Nation
bodies? Discuss.

Yes. An individual whose human rightwas violated may lodge his / her complaint to
the United Nation bodies in cases where the respondent is the Government.
Provided that the respondent Government has ratified the Covenant and its Optional
Protocol. However, before an individual may lodge the complaint to the United
Nation bodies, he / she shall need to exhaust all the remedies available in his / her
local state policies. In the event that the complainant is not satisfied with the local
remedy, the HRC established under the Article 28 of the Covenant will consider the
complaint together with the available evidence by both parties. 

Q: What are the remedies for gross violations of Human Rights?

An individual may lodge his/her complaint with the International Criminal Tribunal 

Q: Briefly state the jurisdiction and functions of the International Criminal Court.

The jurisdiction will only take effect after a state becomes a party and after the entry
into force of the Statute.

Only until then that the ICC can exercise its jurisdiction.

It has the power to try individuals who violated international humanitarian law even
if committed in an internal war. Examples are:

Killing fields in Cambodia, Rwanda, Somalia and Sudan and recently the Ethnic
cleansing in Yugoslavia.

The State Consent has no power in this jurisdiction. 

A Military commander shall be criminally responsible for the crimes committed by a
person pursuant to an order of the Government

Q: Are there Human Rights courts in the Philippines?

None. 

Q: Discuss the procedures on how a complaint for violation of Human Rights in the
Philippines is filed.

BHRAO (Barangay Human Rights Action Officer) receives and process the complaints
lodged by an individual before their office and is the one responsible to asses should
there indeed a Human Rights Violation or within the jurisdiction of the CHR. Should
there be a cause established under the jurisdiction of the CHR, the complainant will
be asked to provide  documents and proofs for the case. At this stage, the CHR may
start its investigation of the case. 

However, in any case CHR is empowered by the Constitution to investigate on its

own even in the absence of any complaint, a Human Rights violation 

Q: Discuss the role of the Barangay in the enforcement of Human Rights.

Barangay Officials being the governing bodies at the community level are the ones
who always receive complaints and disputes at the initial stage prior to any
intervention of higher agencies or authorities. Together with the CHR and DILG, they
have instituted BHRAC, which empowers and systematize the Barangay system to
handle local disputes the proper way. 

Q: What is the role of the Philippine Commission on Human Rights in the

enforcement of Human Rights Laws? Cite concrete examples.

The Philippine Commission on Human Rights is a constitutional mandate, which is

tasked to ensure effective and efficient enforcement of Human RightsLaws. It is
responsible for the Seminars, Trainings, Promotion, Dissemination and sustainability
of Human Rights education. One of the most significant accomplishments of the
agency is its Initiative to make a special Human Rights Education System for Military,
Police and other Law Enforcement Agencies in which they were recognized by UN &
UNESCO. Some of the examples are:

Advocacy Courses on Human Rights and International Humanitarian Law (HR – IHL)

Curricula for the Police / Jail personnel and Correction     Officers.

Extensive Training Course for AFP, PNP, BJMP

Bi-Annual Publication of Human Rights Journal

Quarter release of Newsletter, Batingaw.

UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan, Ilokano, Cebuano)

Featured Stories of CHR’s Accomplishments and Relevant News.

Tabloids, Magazines and Newspapers (published weekly)

TV Plugs including testimonies

Reproduction of Human Rights Sticker – “HR Protection Sticker”

Other materials featuring current human rights issues

Creative Dance Workshop for Children

Research Studies:

Enhancing GO – NGO Collaboration

Building alliance for Human Rights Legislation

HR-Social Reform for Disadvantageous Sectors including their service providers.

Dispute Resolutions

Union Perspective

CHR – GO – NGO Collaboration towards monitoring Philippine Government

Compliance with International Treaty Obligations on Human Rights.

Other may also cite Article XIII Section 18 of the Constitution – CHR powers and
function.
(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 underprivileged 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;

(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 Government’s compliance with international treaty

obligations on human rights;

(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine
the truth in any investigation conducted by it or under its authority;

(9) Request the assistance of any department, bureau, office, or agency in the
performance of its functions;

(10) Appoint its officers and employees in accordance with law; and

(11) Perform such other duties and functions as may be provided by law.

REMEDIES FOR THE ENFORCEMENT OF HUMAN RIGHTS TREATIES & LAWS

I. European Court of Human Rights

The European Court of Human Rights (ECtHR) is a regional human rights judicial body
based in Strasbourg, France. The Court began operating in 1959 and has delivered
more than 10,000 judgments regarding alleged violations of the European
Convention on Human Rights.These are binding on the countries concerned and
have led governments to alter their legislation and administrative practice in a wide
range of areas. The Court's case-law makes the Convention a powerful living
instrument for meeting new challenges and consolidating the rule of law and
democracy in Europe.

The Court has jurisdiction to decide complaints (“applications”) submitted by

individuals and States concerning violations of the European Convention on Human
Rights, which principally concerns civil and political rights.The European Court, or
“Strasbourg Court” as it is often called, serves a complementary role to that of the
European Committee of Social Rights, which oversees European States’ respect for
social and economic rights.

Jurisdiction

It cannot take up a case on its own initiative. Notably, the person, group or non-
governmental organization submitting the complaint (“the applicant”) does not have
to be a citizen of a State Party.

However, complaints submitted to the Court must concern violations of the

Convention allegedly committed by a State Party to the Convention and that directly
and significantly affected the applicant. As of March 2014, 47 States have ratified the
Convention. Some of these States have also ratified one or more of the Additional
Protocols to the Convention, which protect additional rights.

To submit a complaint, an application form which is available online must be filled

out in its entirety and copies of all relevant documents must be included along with
the application, which must be submitted by postal mail.

The Court's chamber decides both issues regarding admissibility and merits of the

case. Generally, both these issues are dealt with in the same judgment. In final
judgments, the Court makes a declaration that a contracting state has violated the
Convention, and may order the contracting state to pay material and/or moral
damages and the legal expenses incurred in domestic courts and the Courtin
bringing the case. The Court's judgments are public and must contain reasons
justifying the decision. Article 46 of the Convention provides that contracting states
undertake to abide by the Court's final decision. On the other hand, advisory
opinions are, by definition, non-binding. The Court, under the Convention, has no
jurisdiction to annul domestic laws or administrative practices which violate the
Convention. 

The Committee of Ministers of the Council of Europe is charged with supervising the
execution of the Court's judgments. The Committee of Ministers oversees the
contracting states' changes to their national law in order that it is compatible with
the Convention, or individual measures taken by the contracting state to redress
violations. Judgments by the Court are binding on the respondent states concerned
and states usually comply with the Court's judgments.

Friendly Settlement

Prior to a decision on the merits, the Court will try to facilitate the arrangement of a
friendly settlement.  If a friendly settlement cannot be reached, the Court will then
deliver a judgment on the merits.  In instances where the Chamber hearing the case
decides to issue an admissibility decision in conjunction with a judgment on the
merits, then the Parties may include information about friendly settlements in the
observation they submit to the Court.

Interim Measures

In exceptional cases, the Court may grant applicants “interim measures,” which are
designed to protect the applicant from further harm while the case proceeds before
the Court. Requests for interim measures are only granted when there is an
imminent risk of irreparable harm such as death or torture. They are most often
granted in extradition and deportation cases.

47 Member States

II. National Human Rights Institutions

Human Rights institutions are administrative in nature in the sense that they are
neither judicial nor law-making. As a rule, these institutions have advisory authority
regarding national and international human rights for the protection of nationals
against discrimination and protection of civil and other human rights. Such
institutions are created by legislation or decree.

Some countries create the Ombudsman with the primary function to protect the
rights of individual. The Ombudsman often act as an impartial mediator between
aggrieved individual and the government. Based on the investigated complaints, the
ombudsman makes a recommendation addressed to the authority complained of
and if the recommendation is not acted upon, the ombudsman submits a report to
the legislature containing suggestions to resolve the complaint. 

Spain

Sweden

Switzerland
Macedonia

Turkey

Ukraine

United Kingdom

Ireland

Italy

Latvia

Liechtenstein

Lithuania

Luxembourg

Malta

Republic of Moldova

Monaco

Montenegro

Albania 

Andorra

Armenia

Austria
Azerbaijan

Belgium

Bosnia and Herzegovina

Bulgaria

Croatia

Cyprus

Netherlands

Norway

Poland

Portugal

Romania

Russian Federation

San Marino

Serbia

Slovak Republic

Slovenia

Czech Republic

Denmark

Estonia

Finland
France

Georgia

Germany

Greece

Hungary

Iceland

Local Remedies in the Philippines

1. Commission on Human Rights (ART. XIII)

CHR Composed of:

Chairman

4 Members

Qualifications:

Natural-born citizen

Majority must be members of the Bar

Others provided by law

Powers & Functions:

Investigate violations of human rights including civil and political rights. (Cariño v

CHR)

Adopt operational guidelines

Provide appropriate legal measures for all persons within Philippinesas well as
Filipinos residing abroad.
Visitorialpowers over jails

Establish continuing program of research on human rights

Recommend to Congress effective measures of promotion of HR (EPZA v CHR)

Monitor Government’s compliance 

Grant immunity from prosecution

Request assistance from any agency

Appoint its officers

Perform other functions

2. Writ of Amparo (A.M. No. 07-9-12 SC)

History

Writ of Amparo first appeared in the Constitution of Yucatan in 1841 then to

Mexican Constitution of 1857. In 1971, former Justice Adolfo Azcuna, then a
delegate to the Constitutional Convention, tried unsuccessfully to have the writ of
Amparo incorporated in the Constitution.He replicated his efforts as a member of
the 1986 Constitutional Commission. Although the writ was not constitutionalized,
he succeeded in introducing a provision granting the Supreme Court power to
promulgate rules concerning the enforcement of rights. In 2002, he was appointed
to the Supreme Court, and his effort initiated more than three decades ago paid off
when the court of last recourse adopted in 2007 the Rule on the Writ of Amparo for
the protection of the rights to life, liberty, and security.

Legal Remedy for Human Rights Violation

The writ is a remedy available to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission of a public
official or employee, or of a private individual or entity. It covers extralegal killings
and enforced disappearances or threats. The principal objective of its proceedings is
the initial determination of whether an enforced disappearance, extralegal killing or
threats thereof had transpired —the writ does not, by so doing, fix liability for such
disappearance, killing or threats, whether that may be criminal, civil or
administrative under the applicable substantive law.The filing of the petition does
not suspend nor preclude the filing of criminal, civil, or administrative actions.
The petition for the writ of Amparo is a special proceeding governed by A.M. No. 07-
9-12 SC. The rationale of the writ stems from the most basic human right to life. The
Covenant on Civil and Political Rights and as recognized in the Philippine
Constitution, every person has the inherent right to life, liberty and security

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

Adopted by the UN General Assembly on Dec. 10, 1948

1st International recognition that human rights and fundamental freedoms are

applicable to every person

Not legally binding / not a treaty. It’s a moral obligation rather than legal. 

Provisions:

Article 1: Right to Equality

Article 2: Freedom from Discrimination

Article 3: Right to Life, Liberty, Personal Security

Article 4: Freedom from Slavery

Article 5: Freedom from Torture and Degrading Treatment

Article 6: Right to Recognition as a Person before the Law

Article 7: Right to Equality before the Law

Article 8:  Right to Remedy by Competent Tribunal

Article 9: Freedom from Arbitrary Arrest and Exile

Article 10: Right to Fair Public Hearing

Article 11: Right to be Considered Innocent until Proven Guilty

Article 12: Freedom from Interference with Privacy, Family, Home and
Correspondence
Article 13: Right to Free Movement in and out of the Country

Article 14: Right to Asylum in other Countries from Persecution

Article 15: Right to a Nationality and the Freedom to Change It

Article 16:  Right to Marriage and Family

Article 17: Right to Own Property

Article 18: Freedom of Belief and Religion

Article 19: Freedom of Opinion and Information

Article 20: Right of Peaceful Assembly and Association

Article 21: Right to Participate in Government and in Free Elections

Article 22: Right to Social Security

Article 23: Right to Desirable Work and to Join Trade Unions

Article 24: Right to Rest and Leisure

Article 25: Right to Adequate Living Standard

Article 26: Right to Education

Article 27: Right to Participate in the Cultural Life of Community

Article 28: Right to a Social Order that Articulates this Document

Article 29: Community Duties Essential to Free and Full Development

Article 30: Freedom from State or Personal Interference in the above Rights

Impact or Significance: 
Forms part of customary international law

Cause Government to rethink/rewrite Constitution and acknowledge the rights laid

down by the UDHR

Adoption of International Covenants which are binding

International Agreements / Major Treaties or Convention

Reference of several laws and statutes across nations 

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(ICESCR)

Adopted by the United Nations General Assembly on 16 December 1966 and entered
into force on 3 January 1976.

Second Generation Rights

One of the most important United Nations (UN) human rights treaties  (multilateral
treaty)

Crucial to enable people to live with dignity. CP and ESC: Indivisible and interrelated 

Reliant on resources

5 Parts

Part 1 (Article 1) recognizes the right of all peoples to  self-determination

Part 2 (Articles 2–5) establishes the principle of  "progressive realization“

- It acknowledges that some of the rights (for example, the right to health) may be
difficult in practice to achieve in a short period of time, and that states may be
subject to resource constraints, but requires them to act as best they can within
their means.
Part 3 (Articles 6–15) lists the rights themselves. These include rights to work, under
"just and favorable conditions", with the right to form and join trade unions (Articles
6, 7, and 8); social security, including social insurance (Article 9); family life, including
paid parental leave and the protection of children (Article 10); an adequate standard
of living, including adequate food, clothing and housing, and the "continuous
improvement of living conditions" (Article 11); health, specifically "the highest
attainable standard of physical and mental health" (Article 12); education, including
free universal primary education, generally available secondary education and
equally accessible higher education. This should be directed to "the full development
of the human personality and the sense of its dignity”, and enable all persons to
participate effectively in society (Articles 13 and 14); participation in cultural life
(Article 15).

Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and the
steps taken by the parties to implement it. It also allows the monitoring body –
originally the United Nations Economic and Social Council – now the Committee on
Economic, Social and Cultural Rights to make general recommendations to the UN
General Assembly on appropriate measures to realize the rights (Article 21)

Part 5 (Articles 26–31) governs ratification, entry into force, and amendment of the
Covenant.

ARTICLE III

BILL OF RIGHTS

FUNDAMENTAL POWERS OF THE STATE

- They belong to the very essence of government and without them no government
can exist. A constitution can only define and delimit them and allocate their exercise
among various government agencies. A constitution does not grant them.

Police power: inherent and plenary power in the State which enables it to prohibit
all that is hurtful to the comfort, safety, and welfare of the society

1. Lawful subject

2. Lawful mean

Power of eminent domain: the use of government of its coercive authority, upon

just compensation, to forcibly acquire the needed property in order to devote the
same to public use
Power of taxation: method by which contributions are exacted from persons and
property for the support of government and for all public needs

PROTECTED RIGHTS

Right to life

The constitutional protection of the right to life is not just a protection of the right to
be alive or to the security of one’s limb against physical harm. The right to life is the
right to a good life.

Right to property

Protected property includes all kinds of property found in the Civil Code.

SECTION 1 – DUE PROCESS AND EQUAL PROTECTION

Substantive due process: prohibition of arbitrary rules

Procedural due process: guarantee of procedural fairness and a law which hears

before it condemns

Equal protection

** The equal protection clause is a specific constitutional guarantee of the Equality

of the Person. The equality it guarantees is legal equality or, as it is usually put, the
equality of all persons before the law. Under it, each individual is dealt with as an
equal person in the law, which does not treat the person differently because of who
he is or what he is or what he possesses.

SECTION 2 – WARRANTLESS SEARCHES AND SEIZURES

** The purpose of the provision is to protect the privacy and sanctity of the person
and of his house and other possessions against arbitrary intrusions by State officers

Probable cause: such facts and circumstances antecedent to the issuance of a

warrant that are in themselves sufficient to induce a cautious man to rely upon them

Probable cause for the issuance of a warrant of arrest: such facts and circumstances
which would lead a reasonably discreet and prudent man to believe that an offense
has been committed by the person sought to be arrested
Probable cause for a search: such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense are in the place sought to
be searched

** Probable cause is concerned with probability, not absolute or even moral

certainty.

Personal examination

** What the Constitution underscores is the exclusive and personal responsibility of

the issuing judge to satisfy himself of the existence of probable cause. The judge is
not required to personally examine the complainant and his witnesses and on the
basis thereof, issue a warrant of arrest. This means that what is required is personal
determination and not personal examination.

Particularity of description

** A search warrant may be said to be particularly describe the thing to be seized

when the description therein is as specific as the circumstances will ordinarily allow
and by which the warrant officer may be guided in making the search and seizure.

** Its purpose is to prevent abuse by the officer enforcing the warrant by leaving to
him no discretion as to who or what to search or seize.

SECTION 3 – PRIVACY OF COMMUNICATION AND CORRESPONDENCE

** The privacy right is but an aspect of the right to be secured in one’s person.

** The privacy right is but an aspect of the right to be secured in one’s person.

SECTION 4 – FREEDOM OF SPEECH

1. No prior restraint

2. No subsequent punishment

Prior restraint: official government restrictions on the press or other forms of

expression in advance of actual publication or dissemination

Subsequent punishment: have the effect of unduly curtailing expression

Chilling effect: the citizen would hesitate to speak for fear he might be provoking the
vengeance of the officials he criticized

Unprotected speech: libel and obscenity

** It has been observed that such utterances are no essential part of any exposition
of ideas, and are of slight social value as a step to truth that any benefit that may be
derived from them is clearly outweighed by the social interests in order and morality

SECTION 5 – FREEDOM OF RELIGION

Non-establishment clause

** Neither the State nor the Federal Government can set up a church. Neither can
pass laws which aid one religion, aid all religions, or prefer one religion over another.
Neither can, openly or secretly, participate in the affairs of any religious
organizations or groups and vice versa. The clause against establishment of religion
by law was intended to erect “a wall of separation between Church and State.”

Free exercise clause

The absoluteness of the freedom to believe carries with it the corollary right that the
government, while it may look into the good faith of a person, cannot inquire into a
person’s religious pretensions. The moment, however, belief flows over into action,
it becomes subject to government regulation.

Prohibition of religious test

The purpose of this provision, which is but a corollary of the freedom and non-
establishment clause, is to render the government powerless to restore the
historically and constitutionally discredited policy of probing religious beliefs by test
oaths or limiting public offices to persons who have, or perhaps more properly,
profess to have a belief in some particular kind of religious concept.

SECTION 6 – LIBERTY OF ABODE AND TRAVEL

** The liberty of abode may be limited only upon lawful order of a court whereas the
right to travel may be limited by administrative authorities as may be provided by
law in the interest of national security, public safety or public health.

SECTION 7 – RIGHT TO INFORMATION

1. Right to choose a person’s abode

2. Right to travel both at home and going out of the country

** They are subject to such limitations as may be provided by law.

** The Ethical Standards Act prohibits public officials and employees from using or
divulging confidential or classified information officially known to them by reason of
their office and not made available to the public.

SECTION 8 – FREEDOM OF ASSOCIATION

** The right to form associations shall not be impaired except through a valid
exercise of police power.

** It is therefore an aspect of general right of liberty. More specifically, it is an aspect

of freedom of contract; and in so far as associations may have for their object the
advancement of beliefs and ideas, freedom of association is an aspect of freedom of
expression and belief.

** Government employees do not have a constitutional right to strike.

SECTION 9 – POWER OF EMINENT DOMAIN

Power of eminent domain:power of the state to take private property for public use
upon payment of just compensation.

1. there is taking of private property

2. the taking must be for needed public use

3. there must be just compensation

** The power of eminent domain is possessed by the State and is exercised by the
national government.

Just compensation: the just and complete equivalent of the loss which the owner of
the thing expropriated has to suffer by reason of the expropriation

SECTION 10 – CONTRACTS
** Not all impairment of the substance of a contract violates the Constitution. A
valid exercise of police power is superior to the obligation of contracts.

** The government cannot prejudice private rights without due process.

SECTION 11 – FREE ACCESS TO COURTS

** This constitutional provision is the basis for the provision of Sec 17, Rule 5 of the
Rules of Court allowing litigation in forma pauperis.

** Those protected include low paid employees, domestic servants and laborers.
They need not be persons so poor that they must be supported at public expense. It
suffices that the plaintiff is an indigent.

SECTION 12 – MIRANDA RIGHTS

1. Right to remain silent

2. Right to competent and independent counsel preferably of his own choice

3. Right to be informed of such rights

Right to be informed

** When the Constitution requires a person under investigation to be informed of

his right to remain silent and to counsel, it must be presumed to contemplate the
transmission of a meaningful information rather than just the ceremonial and
perfunctory recitation of an abstract constitutional principle.

** It is not sufficient for a police officer to just repeat to the person under
investigation the provisions of the Constitution. He is not only duty-bound to tell the
person the rights to which the latter is entitled; he must also explain their effects in
practical terms.

** The right of the person under investigation to be informed implies a correlative

obligation on the part of the police investigator to explain, and contemplates an
effective communication that results in understanding what is conveyed.

Right to competent and independent counsel

** The right to counsel is intended to preclude the slightest coercion as would lead
the accused to admit something false. This constitutional right extends only to
testimonial compulsion and not when the body of the accused is proposed to be
examined.

** This is a product of experience under the Marcos regime when the military
authorities used to make available to detainees only counsel of the military’s choice,
and presumably working also for the interest of the military.

Waiver of rights

** These rights cannot be waived except in writing and in the presence of counsel.

Torture, force, etc. prohibited

** Because they vitiate truth and because they are an assault on the dignity of the
person.

SECTION 13 – RIGHT TO BAIL

** Bail is awarded to the accused to honor the presumption of innocence until his
guilt is proven beyond reasonable doubt and to enable him to prepare his defense
without being subject to punishment prior to conviction.

Bail: mode short of confinement which would, with reasonable certainty, insure the
attendance of the accused ay his trial and usually takes the form of a deposit of
money or is equivalent as a guarantee of such attendance and which deposit is
forfeited upon failure to appear.

** No constitutional right when the following conditions concur: the accused is

charged with an offense punishable by reclusion perpetua; and the evidence against
him is strong.

SECTION 14 – RIGHTS OF THE ACCUSED

1. Due process in criminal cases

2. Presumption of innocence

3. Right to be heard
4. Right to counsel

5. Right to be informed

6. Right to speedy, impartial, and public trial

7. Right to meet witness face to face

8. Compulsory process

Presumption of innocence

** No person shall be convicted unless the prosecution has proved him guilty
beyond reasonable doubt.

Right to counsel

** This is a realistic recognition of the obvious truth that the average defendant does
not have the professional skill to protect himself when brought before a tribunal
with power to take his life or liberty, wherein the prosecution is represented by an
experienced and learned counsel.

Right to be informed

** The object of the written accusation is to furnish the accused with such a
description of the charge against him as will enable him to make his defense, to avail
himself of his conviction or acquittal for protection against a further prosecution for
the same course, and to inform the court of the facts alleged, so that it may decide
whether they are sufficient in law to support a conviction, if one should be had.

** The complaint must contain a specific allegation of every fact and circumstance
necessary to constitute the crime charged.

Right to speedy trial

** The concept of speedy trial is necessarily relative and determination of whether

the right has been violated must be based on the balancing of various factors. Length
of delay is certainly a factor to consider; but other factors must also be considered
such as the reason for the delay, the effort of the defendant to assert his right, and
the prejudice caused to the defendant,
Right to a public trial

** The purpose of this guarantee is to serve as a safeguard against any attempt to

employ our courts as instruments of persecution. The knowledge that every criminal
is subject to contemporaneous review in the forum of public opinion us an effective
restraint on possible abuse of judicial power.

Right to meet witness face to face

** The right has a two-fold purpose: to afford the accused an opportunity to test the
testimony of the witness by cross-examination and to allow the judge to observe the
deportation if the witness.

Waiver of rights

** Whenever a protection given by the Constitution is waived by the person entitled

to that protection, the presumption is against the waiver. Consequently, the
prosecution must prove with strongly convincing evidence to the satisfaction of this
Court that indeed the accused willingly and voluntarily submitted his confession and
knowingly and deliberately manifested that he was not interested in having a lawyer
assist him during the taking of that confession.

SECTION 15 – PRIVILEGE OF THE WRIT OF HABEAS CORPUS

Writ of habeas corpus:a writ directed to the person detaining another, commanding
him to produce the body of the prisoner at a designated time and place, with the day
and cause of his caption and detention, to do, submit to, and receive whatever the
court or judge awarding the writ shall consider in that behalf

Privilege of the writ of habeas corpus:right to have an immediate determination of

legality of the deprivation of physical liberty

Validity of the suspension

1. the existence of actual invasion or rebellion

2. public safety requires the suspension

SECTION 16 – SPEEDY TRIAL

** Speedy trial in Sec 14 covers only the trial phase of criminal cases, whereas Sec 16
covers all phases of nay judicial, quasi-judicial or administrative proceedings.
SECTION 17–RIGHT AGAINST SELF-INCRIMINATION

** It was established on the grounds of public policy and humanity.

Public policy: if the party were required to testify, it would place the witness under
the strongest temptation to commit perjury

Humanity: it would prevent the extorting of confession by duress

** Usually a crime or a criminal act may contain two or more elements and that a
question would have a tendency to incriminate, even if it tends to elicit only one of
said elements. The right thus, includes a right to refuse to testify a fact which would
be a necessary link in a chain of evidence to prove the commission of a crime by a
witness.

SECTION 18 – INVOLUNTARY SERVITUDE

Involuntary servitude: every condition of enforced or compulsory service of one to

another no matter under what formsuch servitude may be disguised

SECTION 19 – DEATH PENALTY

Guide

1. A punishment must not be so severe as to be degrading to the dignity of human

beings.

2. It must not be applied arbitrarily.

3. It must not be unacceptable to contemporary society.

4. It must not be excessive.

Heinous crimes: being grievous, odious, and hateful offenses and which, by reason
of their inherent or manifest wickedness, viciousness, atrocity and perversity are
repugnant and outrageous to the common standards and norms of decency and
morality in a just, civilized and ordered society.

** The circumstances under which a specific law may allow the death penalty may
make it cruel and unusual under such law.
** Death penalty per se is not a cruel, degrading or inhuman punishment.
Punishment is so if it involves torture or a lingering death; but the punishment of
death is not cruel, within the meaning of that word as used in the constitution. It
implies there is something inhuman and barbarous, something more than the mere
extinguishment of life.

SECTION 20 – DEBT AND POLL TAX

Debt: Any liability to pay money growing out of a contract, express or implied.

** A person may be imprisoned for fraudulent debt only if the fraudulent debt
constitutes a crime and the debtor has been duly convicted.

Poll tax:cedula tax or residential tax

** The Constitution does not prohibit the cedula tax but it prohibits imprisonment

for non-payment of the cedula tax.

SECTION 21 – DOUBLE JEOPARDY

First jeopardy terminated

1. by acquittal

2. by final conviction

3. by dismissal without express consent of the accused

4. by dismissal on the merits

SECTION 22 – EX POST FACTO LAW AND BILL OF ATTAINDER

** The ex post fcato clause prohibits only retrospective penal laws.