SECTION 10.

Urban or rural poor dwellers shall not be acute shortage of decent housing in urban areas,
evicted nor their dwelling demolished, except in accordance particularly in Metro Manila.
with law and in a just and humane manner.
o Nevertheless, local government units are not given an
No resettlement of urban or rural dwellers shall be undertaken unbridled authority when exercising this power in pursuit
without adequate consultation with them and the communities of solutions to these problems.
where they are to be relocated.
o The basic rules still have to be followed, i.e., Sec. 1 and
1. Dealing with “squatters” Sec. 9, Art. Ill of the Sec. 19 of the Local Government
 "urban or rural poor dwellers" = squatters Code imposes certain restrictions on the exercise of the
 intent of provision: prevent the recurrence of past abuses power of eminent domain. R.A. 7279 provides the order in
when law enforcement agents would move in, bulldoze which lands may be acquired for socialized housing, and
dwellings, and even inflict violence on persons very explicit in Sections 9 and 10 thereof is the fact that
 protection given by provision: extends to both those who privately owned lands rank last in the order of priority for
have valid claims to stay on the land and to those who do purposes of socialized housing.
not
 evictions CASE: City of Mandaluyong vs. Francisco (f. in Nachura)
a. are not prohibited; o SC reiterated that under RA 7279, lands for socialized
b. must be conducted "in accordance with law and in a housing are to be acquired in the following order:
just and humane manner"; and (1) government lands;
c. due process must be observed. (2) alienable lands of the public domain;
 due process does not necessarily mean judicial due process (3) unregistered, abandoned or idle lands;
 in every case, the law must be carried out "in a just and (4) lands within the declare Areas for Priority
humane manner” Development, Zonal Improvement Program sites,
 even violators of the law are entitled to humane treatment Slum Improvement and Resettlement sites which
 2nd paragraph: commands that every relocation process have not yet been acquired;
must be preceded by consultation with the dwellers to be (5) BLISS sites which have not yet been acquired; and
relocated and also with the communities where they are to (6) privately-owned lands.
be relocated
o The mode of expropriation is subject to two conditions:
CASE: People vs. Leachon (f. in Bernas and Nachura) (a) it shall be resorted to only when the other modes of
o The constitutional requirement that the eviction of acquisition have been exhausted; and
squatters and the demolition of their shanties shall be done (b) parcels owned by small property owners are exempt
in accordance with law does not mean that the validity or from such acquisition.
legality of the demolition or eviction hinges on the
existence of a resettlement area designated or earmarked o Small property owners are:
by the Government. (1) owners of residential lands with an area not more
than 300 square meters in urbanized cities and not
o "the person to be evicted be accorded due process or an more than 800 square meters in other urban areas;
opportunity to controvert the allegation that his or her and
occupation or possession of the property involved is (2) they do not own residential property other than the
unlawful or against the will of the landowner; that should same. In this case, the respondents fall within the
the illegal or unlawful occupation be proven, the occupant classification of small property owners.
be sufficiently notified before actual eviction or demolition
is done; and there be. CASE: Solanda Enterprises v. CA (f. in Nachura)
o The urban tenant’s right of first refusal (pre-emptive right)
 R.A. No 7279 (Urban Development and Housing Act) is under P.D. 1517, can be exercised only where the disputed
the law on eviction and demolition (see pp. 1268-1269 of land is situated in an area declared to be an area for priority
Bernas for discussion) development (APD) and an urban land reform zone
(ULRZ).
 National Housing Authority (NHA), as designated
administrator of R.A. No 7279 for the national
government:
HEALTH
 may relocate person occupying a land;
SECTION 11. The State shall adopt an integrated and
 may demolish improvements on the land; and
comprehensive approach to health development which shall
 is empowered to take possession, control and
endeavor to make essential goods, health and other social
disposition of the expropriated properties.
services available to all the people at affordable cost. There
 NOTA BENE: There is no violation of social justice here.
shall be priority for the needs of the under-privileged, sick,
elderly, disabled, women, and children. The State shall
CASE: Filstream vs. CA (f. in Nachura)
endeavor to provide free medical care to paupers.
o SC took judicial notice of the fact that urban land reform
has become a paramount task of government in view of the
SECTION 12. The State shall establish and maintain an ROLE AND RIGHTS OF PEOPLE'S ORGANIZATIONS
effective food and drug regulatory system and undertake SECTION 15. The State shall respect the role of independent
appropriate health, manpower development, and research, people's organizations to enable the people to pursue and
responsive to the country's health needs and problems. protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and
SECTION 13. The State shall establish a special agency for lawful means.
disabled person for their rehabilitation, self-development, and
self-reliance, and their integration into the mainstream of People's organizations are bona fide associations of citizens
society. with demonstrated capacity to promote the public interest and
with identifiable leadership, membership, and structure.
1. Integrated and comprehensive health delivery system
 Constitution recognizes a right to health (Sec. 15, Art. II) SECTION 16. The right of the people and their organizations
 Philippines is party to the Universal Declaration of Human to effective and reasonable participation at all levels of social,
Rights and the Alma Conference Declaration of 1978 political, and economic decision-making shall not be abridged.
which recognize health as a fundamental human right The State shall, by law, facilitate the establishment of
adequate consultation mechanisms.
 “health” – the state of complete physical, mental and
social well-being, and not merely the absence of disease or 1. Independent people's organizations
infirmity  Section 15 – embodies an element of democracy: a
 “integrated” – connotes a unified health delivery system, a recognition of the direct role which people have played and
combination of public and private sector, and a blend of will play in setting the directions the nation will take
western medicine and traditional health care modalities  "people" –not just the electorate but all the people
 “comprehensive” – includes health promotion, disease  Section 16 – hews closely to the phraseology of the Bill of
prevention, education, and planning Rights, but it does not "in any way dilute or diminish the
 “affordable” – Generics Law was an effort in the direction rights already guaranteed in the said bill
of making affordable health measures available; free  Sections 15 and 16 – serve as exhortations to the people to
medical care should be extended to paupers act jointly, and to associations to act with independence
 “pauper” – a concept which means those who have no and not to allow themselves to be instrumentalized by the
source of livelihood, or, even if they have sources of state
livelihood, live a hand-to-mouth existence  the role of the state is to "facilitate" the creation of these
independent people's organizations
 the high level of health of a people and of a country can be
achieved only through a combination of social, economic,
political and cultural conditions HUMAN RIGHTS
 Sections 11-13: express clear bias for the underprivileged SECTION 17. (1) There is hereby created an independent
office called the Commission on Human Rights.

WOMEN (2) The Commission shall be composed of a Chairman and

SECTION 14. The State shall protect working women by four Members who must be natural-born citizens of the
providing safe and healthful working conditions, taking into Philippines and a majority of whom shall be members of the
account their maternal functions, and such facilities and Bar. The term of office and other qualifications and disabilities
opportunities that will enhance their welfare and enable them of the Members of the Commission shall be provided by law.
to realize their full potential in the service of the nation.
(3) Until this Commission is constituted, the existing
1. Special protection for women Presidential Committee on Human Rights shall continue to
 implicitly acknowledges that between women and men, exercise its present functions and powers.
there are distinctions which make for real differences
(4) The approved annual appropriations of the Commission
CASE: PT and T vs. NLRC (f. in Nachura) shall be automatically and regularly released.
o SC held that the petitioner’s policy of not accepting or
considering as disqualified from work any woman worker 1. Organization of the Commission on Human Rights
who contracts marriage, runs afoul of the test of, and the  Commission on Human Rights
right against, discrimination, which is guaranteed all a. is a creation of the Constitution: hence, it cannot
women workers under the Constitution. altogether be dispensed with by Congress;
b. is not on the same level as the Constitutional
o While a requirement that a woman employee must remain Commissions of Article IX;
unmarried may be justified as a “bona fide occupational c. its full operationalization requires congressional
qualification” where the particular requirements of the job action;
would demand the same, discrimination against married d. it enjoys fiscal autonomy; and
women cannot be adopted by the employer as a general e. is composed of a Chairman and four members who
principle. must be natural born citizens of the Philippines and a
majority of whom must be members of the Bar.
SECTION 18. (this section is too long; please see pp. 1274-
1275 of Bernas)

SECTION 19. The Congress may provide for other cases of

violations of human rights that should fall within the authority
of the Commission, taking into account its recommendations.

1. Functions of the Commission

 principal function = investigatory
 beyond investigation, it will have to rely on the Justice
Department which has full control over prosecutions.
 It can only request assistance from executive offices

CASE: Cariño vs. CHR (f. in Bernas and Nachura)

o On the question of whether or CHR has jurisdiction or
adjudicatory powers over certain specific types of cases,
like alleged human rights violations involving civil or
political rights, SC said that it does not.

o “It [CHR] was not meant by the fundamental law to be

another court or quasi-judicial agency in this country, or
duplicate much less take over the functions of the latter.”

o CHR may investigate, i.e. receive evidence and make

findings of fact as regards claimed human rights violations
involving civil and political rights.

o Having merely the power to investigate, CHR cannot and

should not “try and resolve on the merits” the matters
involved in Striking Teachers HRC Case 90775, as it has
announced it means to do; and it cannot do so even if there
be a claim that in the administrative disciplinary
proceedings against the teachers in question, initiated and
conducted by the DECS, their human rights, or civil or
political rights had been transgressed.

CASE: EPZA vs. CHR (f. in Bernas and Nachura)

o The Commission on Human Rights, not being a court of
justice, cannot issue writs of injunction or a restraining
order against supposed violators of human rights.

CASE: Simon vs. CHR (f. in Bernas and Nachura)

o SC ruled that evicting squatters is not a violation of human
rights.

o Also reiterated was the rule that the CHR has no

jurisdiction to issue the “order to desist” (a semantic
interplay of a restraining order) inasmuch as such order is
not investigatorial in character but prescinds from an
adjudicatory power it does not possess.