Jill Bagaoisan | 2017

HUMAN RIGHTS LAW

HUMAN RIGHTS LAW  Financial assistance is allowed only in instances where the employee is
FINALS REVIEW dismissed for causes other than serious misconduct or those reflecting on his
moral character.
Kinds of Rights:  Where the reason for the valid dismissal is, for example, habitual intoxication
First Generation or an offense involving moral turpitude, like theft or illicit sexual relations with
 Also called liberty rights a fellow worker, the employer may not be required to give the dismissed
 Protects individuals from arbitrary exercise of the powers of the State employee separation pay, or financial assistance, or whatever other name it is
 Civil and political rights called, on the ground of social justice. A contrary rule would have the effect, of
 Examples: Right to due process, right to equal protection, right to privacy, rewarding rather than punishing the erring employee for his offense.
Freedom of expression
SOCIAL JUSTICE + RETIREMENT PLANS
END OF MIDTERM COVERAGE (Oro Enterprises, Inc. v. NLRC)
Can a newly enacted labor law apply to labor contracts still existing at the time the
Second Generation statute has taken effect? YES.
 Also called equality rights Can its benefits be reckoned not only from the date of the law’s enactment but
 Economic, social, and cultural rights which come from positive law + retroactively to the time the employment started? YES
international law  In Oro Enterprises v. NLRC, there was a question on the applicability of RA 7641
 Examples: Freedom of association, Right to social security, Right to work, Right on a labor contract existing at the time the law took effect. (Employee was
to education asking for retirement benefits) The SC held that RA 7641 is a social legislation
Third Generation enacted as a labor protection measure and as a curative statute that, absent a
 Also called solidary rights retirement plan devised by an agreement with, or a voluntary grant from an
 Exerted collectively/ by groups of people employer, can respond to the financial well-being of workers during their
 Examples: Right to peace, Right to self-determination, Rights of ethnic twilight years following their life of labor.
groups/minorities  There should be little doubt that the law can apply to labor contracts still
existing at the time the statute has taken effect, and that its benefits can be
SECOND AND THIRD GENERATION RIGHTS (DOCTRINES) reckoned not only from the date of the enactment but retroactively to the time
SOCIAL JUSTICE + SEPARATION PAY the employment contracts have started.
(Daabay v. Coca Cola Bottlers Phils., Inc.)
When is an employee entitled to financial assistance on the ground of social justice Will the retroactive application violate the constitutional guaranty of non-impairment
after dismissal? of contracts? NO.
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 Citing Allied Investigation Bureau, Inc v. Ople, the SC held that the  It must impracticable to join all of them as parties
constitutional guaranty of non-impairment is limited by the exercise of  Those who file the action must be sufficiently numerous as to fully protect the
police power in the interest of public health, safety, morals, and general interests of all concerned
welfare.
What is the basis of the petitioner’s personality to sue in behalf of the succeeding
What is social justice? generations?
 Social justice is the humanization of laws and the equalization of social and  Their personality to sue in behalf of the succeeding generations can only be
economic forces by the State so that justice in its rational and objectively based on the concept of intergenerational responsibility insofar as the right to
secular conception may at least be approximated. a balanced and healthful ecology is concerned. Such a right considers the
 Social justice means the promotion of the welfare of all the people, the rhythm and harmony of nature.
adoption by the Government of measures calculated to insure economic  The right to a balanced and healthful ecology is solemnly incorporated in our
stability of all the component elements of society, through the maintenance Consti + the DENR is even mandated to protect and advance this right.
of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the adoption of Can a timber license be revoked through an executive action? YES
measures legally justifiable, or extra-constitutionally, through the exercise  A timber license is not a contract, property, or property right protected by the
of powers underlying the existence of all governments on the time-honored due process and non-impairment clause of the Consti + even assuming they
principle of salus populi est suprema lex1. may be considered contracts, the non-impairment clause will always yield to
the state’s exercise of police power.
CLASS SUITS
(Oposa v. Factoran, Jr.) FREEDOM OF CONTRACT + RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY
 In Oposa v. Factoran, petitioners filed a class suit for themselves, and in (Province of Rizal v. Executive Secretary of the DENR)
representation of their generation and future generations for the revocation of Is the freedom of contract absolute? NO.
timber licenses in the PH which they claim violated their right to a balanced  The freedom of contract, under our system of government, is not meant to be
and healthful ecology. absolute. The same is understood to be subject to reasonable legislative
regulation aimed at the promotion of public health, moral, safety and welfare.
What are the requisites for a class suit? (Rule 3, Sec 12 Rules of Court)  In other words, the constitutional guaranty of non-impairment of obligations of
 The subject matter of the complaint must be of common and general interest contract is limited by the exercise of the police power of the State, in the
to many persons (in this case the entire PH + future generations) interest of public health, safety, moral and general welfare
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The welfare of the people shall be the supreme law (so the interest of an individual must yield to the interest
of the people).
What is the right to a balanced and healthful ecology?
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 The right to a balanced and healthful ecology is a fundamental legal right that  The filing of a petition for the issuance of a writ of kalikasan under the Rules of
carries with it the correlative duty to refrain from impairing the environment. Procedure for Environmental Cases does not require that a petitioner be
This right implies, among other things, the judicious management and directly affected by an environmental disaster. The rule allows juridical persons
conservation of the country’s resources, which duty is reposed in the DENR. to file the petition on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened with violation
What is the role of the DENR in the enforcement/protection of this right?
 The Department of Environment and Natural Resources (DENR) was mandated REMEDIES IN INTERNATIONAL LAW
to be the primary government agency responsible for the conservation,  Universal Declaration of Human Rights (UDHR)
management, development and proper use of the country’s environment and  International Covenant on Civil and Political Rights (ICCPR)
natural resources specifically forest and grazing lands, mineral resources  International Covenant on Economic, Social and Cultural Rights (ICESC)
including those in reservation and watershed areas and lands of the public
domain. RA No. 9851 – PHILIPPINE ACT ON CRIMES AGAINST INTERNATIONAL
HUMANITARIAN LAW, GENOCIDE, AND OTHER CRIMES AGAINST HUMANITY
Under the Local Government Code, what are the requisites for the implementation of  Provides penal sanctions for war crimes, genocide, and other crimes against
a national project affecting the environment can be implemented? humanity such as torture, rape, apartheid, enslavement, willful killing,
 Prior consultation with local communities extermination, and other inhumane acts of a similar character.
 Prior approval of the project by the appropriate sangguinian  PH court will be guided by international law and will acquire jurisdiction over
Note: absent any of the two, the project is illegal. cases where:
o The accused is a Filipino citizen
REAL PARTY-IN-INTEREST + WRIT OF KALIKASAN o The accused, regardless of citizenship, is present in the PH
(West Tower Condo Corp v. First Philippine Industrial Corp) o The accused has committed the said crime against a Filipino citizen
May a Condominium Corporation pursue actions in behalf of its members? YES
 In West Tower v. FPI, plaintiff instituted an action in behalf of the residents of ALIEN TORT ACT
the West Tower Condo for an oil leak. The SC held that the Condo Corp has  US law which serves as a statutory instrument for gaining universal jurisdiction
legal standing to file and pursue an action in behalf of the residents whose over violations of international law. A lawsuit under this law may proceed for
interests it represents. While a Condo Corp has limited powers under the any harm resulting from a violation of international law no matter where the
Condominium Act, it is empowered to pursue actions in behalf of its members. harm occurred or who inflicted the harm.

Can a person/entity not directly affected by an environmental disaster, file a petition FOREIGN JUDGMENT
for the issuance of a Writ of Kalikasan? YES (Mijares v. Ranada)
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May a foreign judgment be enforced in the Philippines? YES. When is a warrantless search/seizure illegal?
 A foreign judgment may be enforced in the Philippines through an action. Any  When there is no probable cause for the warrantless search and seizure, the
party attacking a foreign judgment has the burden of overcoming the same is illegal.
presumption of its validity.  Probable cause for a search has been defined as such facts and circumstances
 The actionable issues are generally restricted to a review of jurisdiction, the which would lead a reasonably discreet and prudent man to believe that an
service of notice, collusion, fraud, or mistake of fact or law. offense has been committed and that the objects sought in connection with
 IN SHORT, you may file an action to enforce judgment but the party against the offense are in the place sought to be searched.
whom the judgment is rendered should be given an opportunity to challenge
the same. May a private person be held liable for damages too? YES.
NOTE: That a foreign judgment for an action in rem is conclusive upon the thing while  Private persons who initiate an illegal warrantless search and seizure,
one for an action in personam is presumptive. accompany the raiding team and stand by during the operation, apparently
assenting thereto, are liable for damages to the same extent as the public
RA NO. 10368 officers themselves. In short, they are liable when they INDIRECTLY violate the
SEE REUEL’S PPT right.

CIVIL REMEDIES DAMAGES + WAIVER OF RIGHT

DAMAGES (Silahis International Hotel v. Soluta)
(MHP Garments v. CA)
What civil remedy is available to a person whose right against unreasonable searches What are the requisites for a waiver of a personal right? (Such as the right against
and seizures is violated? Damages. (Actual, moral, exemplary) unreasonable searches and seizures)
 Where a warrantless search and seizure is conducted despite the fact that  EXISTENCE - The right exists
there is sufficient time to apply for a judicial warrant, the persons who  KNOWLEDGE - The person involved has knowledge either actual or constructive
participate therein take the risk of a suit for damages in case the seizure would of the existence of the right
be proved to violate the right against unreasonable search and seizure.  INTENTION - The said person had an actual intention to relinquish the right
 Moral damages may be awarded to compensate the victim for injuries NOTE: A waiver by implication cannot be presumed.
(sleepless nights, serious anxiety, and wounded feelings) he may have suffered.
 Exemplary damages may be awarded to serve as a stern reminder to all that What is the basis for the award of damages for a violation of the right against
the constitutional protection against unreasonable searches and seizures is a unreasonable searches and seizures? (and other rights)
virile reality and not a mere burst of rhetoric.

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 A violation of one’s constitutional right against illegal search and seizure can be  Its prupose is to provide a sanction to the deeply cherished rights and freedoms
the basis for the recovery of damages under Article 32 in relation to Article enshrined in the Constitution. Its message is clear: no man may seek to violate
2219(6)2 and (10)3 of the New Civil Code. those sacred rights with impunity.
NOTE: Art 32 applies to both private individuals and public officers/employees
directly and indirectly liable for the violation. May a public officer be held liable for acts done in the exercise of his duties? YES.
 The fact that a PO was in the exercise of his duties cannot be construed as a
GOOD FAITH AS DEFENSE blanket license untrammeled by any constitutional restraint. Rights and
(Lim v. Ponce de Leon) liberties of individuals cannot be disregarded.
Who may question the legality of a search warrant?  As so application: Article 32 of the Civil Code renders any public officer or
 Well settled is the rule that the legality of a seizure can be contested only by employee or any private individual liable in damages for violating the
the party whose rights have been impaired thereby, and that the objection to Constitutional rights and liberties of another. Only judges are excluded from
an unlawful search and seizure is purely personal and cannot be availed of by liability under the said article, provided their acts or omissions do not
third parties. constitute a violation of the Penal Code or other penal statute.

Is good faith material in the conduct of the search? NO. May a person institute an action for damages for an illegal arrest even when the
 In Lim v. Ponce de Leon, the provincial fiscal claimed that he acted in good privilege of the writ of habeas corpus is suspended? YES
faith, without malice and without the slightest intention to cause injury to the  What is suspended is merely the right of the individual to seek release from
plaintiff. However, the SC held that the defense of good faith cannot be detention. The suspension does not render valid an otherwise invalid arrest.
sustained. Under Art 32, it is enough that there was a violation of the
constitutional rights of the plaintiff to hold the defendants liable. It is not LIABILITY OF PUBLIC OFFICERS
required that the defendants should have acted in bad faith or with malice. (Vinzons-Chato v. Fortune Tobacco)
NOTE: In Lim v. Ponce de Leon, the subordinate officer was not held liable because What are the two kinds of duties of PO?
he acted in the belief that there was a legal basis and authority to seize the  Duty owing to the public
property. He was merely following orders from his superior.  Duty owing to particular individuals
NOTE: In determining whether a PO is liable for an improper performance or non-
PURPOSE OF ART 32 + LIABILITY OF PUBLIC OFFICERS performance of a duty, it must be determined which of the 2 classes is involved. If
(Abarca v. Ver) it’s a duty owing to the public, the general rule is an individual does not have a
What is the purpose of Art 32 of the Civil Code? cause of action for damages because while there may be damage to the individual,
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no wrong is done to him. The remedy in that case is political, not judicial.
Moral damages for illegal searches.
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Moral damages for violation of other rights.
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EXCEPTION: When the individual suffers a particular or special injury on account of aggrieved party suspends the right of all others, observing the order
the non-performance or improper performance of the duty. established herein
Example: In Vinzons-Chato v. Fortune Tobacco, the assailed act of the PO was the
issuance of a Revenue Memorandum Circular (a duty owing to the public). The Where can you file the petition?
plaintiff failed to allege that it suffered a particular or special injury on account of  RTC, Sandiganbayan, CA, and SC or any justice of such courts. The writ is
the improper performance of the PO of her duty. (Fortune Tobacco’s allegations enforceable anywhere in the PH.
were vague and it did not even pay a single centavo on the basis of the RMC)
DOCTRINES ON THE WRIT OF AMPARO
WRIT OF AMPARO DEFINITION + PROCEDURE + WHEN DISMISSAL IS PROPER
THE RULE ON THE WRIT OF AMPARO (De Lima v. Gatdula)
What is a writ of amparo? What is the writ of amparo?
 Sec 1: The petition for a writ of amparo is a remedy available to any person  The remedy of the Writ of Amparo is an equitable and extraordinary remedy to
whose right to life, liberty and security is violated or threatened with violation safeguard the right of the people to life, liberty and security as enshrined in the
by an unlawful act or omission of a public official or employee, or of a private 1987 Constitution.
individual or entity. The writ shall cover extralegal killings and enforced  A writ of Amparo is a special proceeding. It is a remedy by which a party seeks
disappearances or threats thereof. to establish a status, a right or particular fact.

Who may file a petition for the issuance of the writ of amparo? What is the procedure for the issuance of the writ?
 SEC. 2. The petition may be filed by the aggrieved party or by any qualified  Due to the delicate and urgent nature of these controversies, the procedure
person or entity in the following order: was devised to afford swift but decisive relief. It is initiated through a petition
o (a) Any member of the immediate family, namely: the spouse, children to be filed in a Regional Trial Court, Sandiganbayan, the Court of Appeals, or
and parents of the aggrieved party; the Supreme Court. The judge or justice then makes an immediate evaluation
o (b) Any ascendant, descendant or collateral relative of the aggrieved of the facts as alleged in the petition and the affidavits submitted with the
party within the fourth civil degree of consanguinity or affinity, in default attendant circumstances detailed. After evaluation, the judge has the option to
of those mentioned in the preceding paragraph; or issue the Writ of Amparo or immediately dismiss the case.
o (c) Any concerned citizen, organization, association or institution, if
there is no known member of the immediate family or relative of the When is dismissal of the case for the issuance of the writ proper?
aggrieved party. The filing of a petition by the aggrieved party suspends  Dismissal is proper if the petition and the supporting affidavits do not show
the right of all other authorized parties to file similar petitions. Likewise, that the petitioner’s right to life, liberty or security is under threat or the acts
the filing of the petition by an authorized party on behalf of the complained of are not unlawful.
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 The writ of amparo serves both preventive and curative roles in addressing the
EXTRALEGAL KILLINGS AND ENFORCED DISAPPEARANCES + ORIGINS OF THE WRIT problem of extralegal killings and enforced disappearances· preventive in that
(Secretary of National Defense v. Manalo) it breaks the expectation of impunity in the commission of these offenses, and,
What are extralegal killings and enforced disappearances? curative in that it facilitates the subsequent punishment of perpetrators as it
 Extralegal killings are killings committed without due process of law, i.e., will inevitably yield leads to subsequent investigation and action.
without legal safeguards or judicial proceedings. On the other hand, enforced
disappearances are attended by the following characteristics: an arrest, SCOPE + FUNCTION + WEIGHT OF EVIDENCE REQUIRED
detention or abduction of a person by a government official or organized (Mison v. Gallegos)
groups or private individuals acting with the direct or indirect acquiescence of
the government; the refusal of the State to disclose the fate or whereabouts of In which cases does the writ apply to?
the person concerned or a refusal to acknowledge the deprivation of liberty  The writ of amparo is confined only to cases of extrajudicial killings and
which places such persons outside the protection of law. enforced disappearances, or to threats thereof.

Where did the Writ of Amparo originate? What is the function of the writ of amparo?
 The writ of Amparo originated in Mexico. Amparo literally means “protection”  The fundamental function of the writ of amparo is to cause the disclosure of
in Spanish. details concerning the extrajudicial killing or the enforced disappearance of an
 In Latin American countries, except Cuba, the writ of Amparo has been aggrieved party.(So that, if the whereabouts of the victim were never hidden,
constitutionally adopted to protect against human rights abuses especially there is no need to issue the writ)
committed in countries under military juntas.4
What is the weight of evidence required before the writ can be issued?
Why is a petition for a writ of amparo the better remedy in cases of extralegal killings  It is to be noted that the Amparo Rule requires the parties to establish their
and disappearances compared to a petition for habeas corpus and the GADALEJ clause claims by substantial evidence. (Cannot be based on unfounded claims. In
under Rule 65? Mison v. Gallegos, petitioner claimed to have been exposed to life-threatening
 The swiftness required to resolve a petition for a writ of amparo through situations, but records show that he was afforded visitorial rights and access to
summary proceedings and the availability of appropriate interim and his counsel)
permanent reliefs under the Amparo Rule offers a better remedy to extralegal
killings and enforced disappearances and threats thereof. ELEMENTS OF ENFORCED DISAPPEARANCES
(Navia v. Pardico)
What are the elements of enforced disappearances?
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Military dictatorship.
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 that there be an arrest, detention, abduction or any form of deprivation of  Intelligence gathering is not an activity conducted in isolation, and involves an
liberty; interwoven network of informants existing on the basis of symbiotic
 (b) that it be carried out by, or with the authorization, support or acquiescence relationships with the police and the military.
of, the State or a political organization;  Death of a PO does not signify loss of information that may be acquired.
 (c) that it be followed by the State or political organization’s refusal to
acknowledge or give information on the fate or whereabouts of the person DOCTRINE OF COMMAND RESPONSIBILITY + SUBSTANTIAL EVIDENCE
subject of the amparo petition; and, (Rubrico v. Macapagal-Arroyo)
 (d) that the intention for such refusal is to remove subject person from the  Command responsibility, in its simplest terms, means the responsibility of
protection of the law for a prolonged period of time. commanders for crimes committed by subordinate members of the armed
NOTE: The petitioner in an amparo case has the burden of proving by substantial forces or other persons subject to their control in international wars or
evidence the indispensable element of government participation. In an amparo domestic conflict.
petition, proof of disappearance alone is not enough. It is likewise essential to  There is still no law in the PH that provides for criminal liability under the
establish that such disappearance was carried out with the direct or indirect doctrine of command responsibility. It would be inappropriate to apply to
authorization, support or acquiescence of the government amparo proceedings the doctrine of command responsibility as a form of
criminal liability through omission, for an individual’s criminal liability, if there
May a writ of amparo lie against a private individual or entity? YES be any, is beyond the reach of amparo.
 A writ of amparo may lie against a private individual or entity. But even if the  IN SHORT: the court does not rule in amparo proceedings on any issue of
person sought to be held accountable or responsible in an amparo petition is a criminal culpability.
private individual or entity, still, government involvement in the disappearance
remains an indispensable element. What is meant by substantial evidence?
 Substantial evidence is more than a mere imputation of wrongdoing or
EFFECT OF DEATH OF PO violation that would warrant a finding of liability against the person charged, it
(Razon v. Tagitis) is more than a scintilla of evidence. It means such amount of relevant evidence
How may a writ of amparo be enforced as against a deceased PO? which a reasonable mind might accept as adequate to support a conclusion,
 It is not farfetched that a resourceful investigator, utilizing the extraordinary even if other equally reasonable minds might opine otherwise.·
diligence that the Rule on the Writ of Amparo requires, can still access or
reconstruct the information the deceased PO received from his asset or
network of assets during his lifetime.