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HUMAN RIGHTS LAW (Jorge Coquia) Human rights are characterized as Inherent. Why? Give
examples.
Not granted by any person or authority, do not need any
Digested by Lex - February 15, 2018 event for their existence. Ex: right to life and dignity as a
Chapter I human being
GENERAL NATURE AND DEFINITION OF HUMAN
RIGHTS Human rights are Fundamental. Why? Give examples. 
Without them the life and dignity of man will be meaningless.
 What do you understand by human rights? Ex: right to individual liberty and security of a person or
Human rights are universal legal guarantees protecting freedom of thought and religion
individuals and groups against actions which interfere with
fundamental freedoms and human dignity.  Human rights are Human rights are Inalienable. Why? Give examples 
generally defined as those rights which are inherent in our Cannot be rightfully taken away from an individual. Ex:
nature and without which, we cannot live as human beings. freedom from torture
These rights and fundamental freedoms allow us to develop
and use our human qualities, intelligence, talents and Human rights are Imprescriptible. Why? Give examples 
conscience, and to satisfy our spiritual and other needs.  The Cannot be lost even by a long passage of time. Ex: freedom
dignity of man and human life is inviolable. From the dignity of thought, conscience and religion
of man is derived the right of every person to free
development of his personality.  It's the essence of these Human rights are Indivisible. Why? Give examples 
rights that make man human. Not capable of being divided.  Ex: freedom of belief or
opinion, freedom of religion and worship.  
Basic Charateristics:  inherent, fundamental, inalienable,
imprescriptible, indivisible, universal and interdependent. Human rights are Universal. Why? Give examples 
No borders, applies to all.  Ex: right to life is the same
Classified to: whether one is in Asia or Europe
A.  According to source - natural rights, constitutional rights,
statutory rights Human rights are Interdependent. Why? Give examples 
B. According to recipient - individual rights, collective rights The fulfillment or exercise of one cannot be had without the
C. According to aspect of life - civil, political, economic, realization of the other. Ex: one's right to life and existence
social, cultural rights as a person cannot be realized without one's right to work
D. According to struggle for recognition - first, second and and maintain a good standard of living
third generation rights
E. According to derogability - absolute or non-derogable, What do you mean by 2nd generation of human rights. Give
derogable or can-be-limited rights examples. 
Covers economic, social and cultural rights, which primarily
What are the Sources of human rights? find their origin in the socialist tradition and have been
Natural rights - God-given rights, unwritten, prevail as norms variously promoted by revolutionary struggles and welfare
of society movements, also known as social welfare rights.  Ex: right to
B. Constitutional rights - conferred and protected by the development, right to work under decent living conditions,
Constitution and cannot be modified or taken away by the right of workers to self-organization.
law-making body
C. Statutory rights - provided by law promulgated by the law- What are 3rd and 4th generation of human rights. Give
making body and may be abolished by the same 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
Who are entitled to enjoy human rights? of the 20th century.  Ex: right of people to a healthy
ALL environment

How did the violation of human rights originate?

History has shown that as man started to live in a society, his CHAPTER II
inherent rights began to be violated by his own fellowmen. HISTORY, THEORIES OF SOURCES AND
The state authorities who are supposed to protect his rights DEVELOPMENT OF HUMAN RIGHTS
are even his persecutors.  
What is the origin of human rights?
Who were the first violatiors of human rights? These arose from the struggle of man against injustices of
The first violators were the Greeks and Romans who were despotic rulers.  Men revolted against the concept of the
supposed to have started the development of Western "Divine Right of Kings." In the Middle Ages, the Magna Carta
civilization - they legalized the institution of slavery, when was delivered by King John in 1215. It is regarded as the first
men and women were held as chattels and could be English Constitution that guaranteed the personal liberties
disposed of in any manner 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
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it was declared that all men are born free and equal and Magna Carta of 1215 – first English Constitution delivered by
affirmed the inalienable rights of man.  Eventually most King John, it guaranteed personal liberties and civil rights
democratic countries adopted in their respective constitutions Bill of Rights of 1689 – revolutionaries of England
their own Bill of Rights. determined to prevent arbitrary royal rule laid this down, this
document guaranteed freedom from cruel and unusual
Name and explain some of the theories advanced as the punishment and excessive fines
sources of human rights.  Bill of Rights 1776 – Americans revolting from the English,
Religious or theological approach - doctrine of a Supreme this document asserted that all men by nature are fully free
Being, the creator, the Father of all humanity. Central is the and independent and have inherent rights such as enjoyment
concept of the dignity of man as a consequence of human of life and liberty, the means of acquiring and possessing of
rights, and therefore the rights are universal, inalienable and properties, and obtaining happiness
cannot be denied by mortal beings (men). Declaration of the Rights of Man 1789- by French
Natural Law - the conduct of men must always conform to revolutionaries, this document declared that all men are born
the law of nature, and this theory is detached from free and equal and affirmed the inalienable rights of men.
religion.  The natural characteristics of human beings are the
social impulse to live peacefully and in harmony with others, Explain why human rights became an international concern.
and whatever conformed to the nature of men was right and The struggle for the respect of human rights was initially a
just.  Whatever is disturbing to social harmony is wrong and domestic or national issue, but the atrocities committed on
unjust.  mass of people during World War II convinced international
Positivist - states that all rights and authority come from the jurists that the protection of human rights should be an
state and what officials have promulgated, that rights are international concern.
enjoyed if recognized and protected by legislation
promulgated by the state. How was human rights introduced in the Philiipines?
Marxist - emphasizes the interest of society over an Human Rights was introduced to the Philippines when Jose
individual's interest – communism Rizal wrote about the abuses of the Spanish authorities in his
Functional or sociological approach - human rights exist as a books and he was executed for it.  Since 1896 the educated
means of social control, that human rights exist to serve the Filipinos were already aware of the American and English Bill
social interests of society. This approach was developed in of Rights, and the Malolos Constitution was adopted in 1899.
the early 20th century when there were demands for a It contained provisions that guaranteed freedom from
variety of wants, as help for the unemployed, handicapped, arbitrary arrest and detention, freedom from searches and
underprivileged, minorities and other disadvantaged groups. seizures, freedom to choose domicile and freedom of
Utilitarian Theory - principle that requires governments to religion.
maximize the total net sum of citizens. It emphasizes that an
individual cannot be more important than the entire What historical events in the Philippines prompted Filipinos
group.  An act is good only when it takes into consideration to protect and promote human righs?
the interests of the society and tends to augment the Colonial Spanish regime – economic and class
happiness of the entire community discrimination was rife
 Theory based on Justice - each person has equal rights to Military Rule of Japan from 1942-1944
the whole system of liberties.  The general conception of Martial Law of President Marcos
justice is one of fairness and those social primary goods
such as opportunity, income and wealth and self-respect are What consist of International Bill of Human Rights?
to be distributed equally  In Article II, Section 11, it reads “The State values the dignity
Theory based on Equality and Respect - government must of every human person and guarantees full respect for
treat all their citizens equally, and must intervene in order to human rights.”  To implement this policy, the Commission on
advance the general welfare Human Rights was created as a constitutional independent
Theory based on the Dignity of man - this theory proceeds body under Article XIII, Sections 17-19 of the Phil.
on the premise that human rights means sharing values of all Constitution.  This resulted to a substantial decrease of
identified policies upon which human rights depend on.  The number of violations among law enforcement in the human
ultimate goal of this theory is a world community where there rights, but there is still much to be done.  
is democratic sharing and distribution of values. All available
resources are utilized to the maximum and the protection of Stated and explain the constitutional policy of Philippines on
human dignity is recognized.  This is better referred to as human rights.
policy science approach The new constitution (1987 Constitution) states that the State
values the dignity of every human person and guarantees full
What are the circumstances that brought out the concept of respect for human rights.
human rights in ancient history?
Rulers were despotic and tyrannical, and citizens rose
against the injustices that they have long suffered Chapter III
The International Bill of Human Rights
What famous documents in history that contained concepts
of human rights? Briefly discuss each of these documents. 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?
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Ans: - Enforce equal human rights; “to reaffirm faith in - Right to Privacy - Art III Sec 3 (right to be free from
fundamental human rights and the dignity and worth of intrusions into certain thoughts and activities)
human person” (UN Chaarter Preamble) - Freedom of expression - Art 3, Sec 4-5 (right to self-
- Recognition and respect of human rights and freedoms not determination)
due to discrimination Discuss at least 3 rights of a person who is accused of a
- to achieve “universal respect for an observance of human crime.
rights and fundamental freedoms”  Ans: - Right to be informed of the nature and cause of the
* yan yung gist pero baka ipa-enumerate yung articles galing accusation against him
sa UDHR na minention sa chap 3 - Right to bail
What documents compose the International Bill of Human - Right to meet the witnesses face to face
Rights? * remember Art III, Sec 14
Ans: United Nations Charter, Universal Declaration on What do you understand by the principle of “presumption of
Human Rights, International Covenant on Economic, Social innocence” of an accused person? What is the reason of
and Cultural Rights, and International Covenant on Civil and such presumption?
Political Rights Ans: this means that an accused cannot be presumed to
Name some of the fundamental human rights ad explain have committed the charges against without the proof of guilt
each briefly. beyond reasonable doubt. The accused cannot be
Ans: - Equal Protection of rights - human beings must have imprisoned just based on circumstantial evidence. The strict
equal rights, no discrimination compliance with this is the court’s policy on protecting an
- Right to life, liberty and property -  actually innocent person from going to jail. 
- Right to Privacy - no arbitrary interference with his privacy, What do you understand by the right of persons to peaceably
family, home, communications, correspondence assemble? Are there limitations or restrictions to this right? 
- Freedom of speech, expression and religion - inviolable Ans: “Peaceful Assembly” means the right of citizens to meet
right to express one self unless justifiably limited by the peacefully for consultation in respect to public issues and to
government petition the government for redress of grievance.
What international instruments have been adopted to serve This right can be restricted on grounds of national security,
as legally binding treaties on the countries that ratified them? public order, the protection of public health or morals, or the
Ans: International Covenant on Economic, Social and protection of the rights of others.
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? CHAPTER V
Ans: - War crimes ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS
- authoritarian regimes headed by dictators APPLIED IN THE PHILIPPINES
- 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 Briefly explain what is meant by economic, social and
What are the remedies to deal in the hindrances or obstacles cultural rights
in the enforcement of human rights? Cite examples. They are the commitments of the state for opportunities to
Ans: - implementing international treaties as local legislation 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
Chapter IV conditions, and protection of the family to maintain the
Civil and Political Rights as Applied in the Philippines decent standard of living.

What do you understand by civil rights?  Why are these rights considered as “social welfare rights”
Ans: Civil rights are the rights which the law will enforce at They are generally stated as positive undertakings or
the instance of individuals without discrimination for the obligations of the government to ensure economic well being
enjoyment of their lives, liberty and means of happiness. of the people.
How is civil right distinguished from political right? 
Ans: Both are protected personal rights but political rights are Why are these rights also called “Affirmative rights”
especially catering to the right to participate directly or They are viewed as goals or aspirations that government
indirectly in the establishment or administration of should provide for its citizens depending upon its resources.
government. Political rights are rights to enable people to
participate in running the affairs of the government. Ex in US:
Why are these rights called “Negative Rights”?  - Disabled – employers required to allocate 5%
Ans: In answer to restraint the tyrannical government.  workforce in its company
Ex. “No one should be tortured”, “No one should be deprived - Tax deduction/exemption – who employed PWDs
of freedom of expression”, “no one should be deprived of life” Ex in PH:
Mention at least 3 basic civil rights and how they are applied - PMA open for women now
in Philippine society. - Height requirement of the Police bec. of indigenous
Ans: - Right to Life, Liberty and Property - Art III Sec 1 (no people who are genetically vertically challenged
person, not even the state has the authority to take one’s ife)
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- NAPOLCOM waived the enry grade for indigenous resources, with a view to achieving progressively the full
people realization of the rights recognized in the present covenant.

What are the main purposes of the economic rights? Cite What is meant by “public interest and social litigation?”
examples and explain. It’s the actions or remedies to enforce and implement
To promote high standard of living, full enjoyment and Economic, Social and Cultural rights. Must be accessible to
conditions of economic and social progress and all people, should be simple and at the minimum cost. Free
development. from technical forms of pleadings, rules of procedure in said
cases should be relaxed and socio-legal fact finding bodies
What do you mean by social rights? Cite examples. should be appointed to determine facts in issue.
Social rights are those rights concerned with basic human
needs. How should the State comply with the Covenant on
Ex: 1. Right to development Economic, Social and Cultural Rights?
      2. Right to self Determination By incorporating in their constitution most of the rights
      3. Right of Workers to Self-Organization  enumerated in the International Covenant in Economic,
      4. Right to Work under Decent Living Conditions Social and Cultural Rights and implementation of it through
      5. Right to Work in Third World Countries social legislation.
      6. Right to Strike
      7. Right to Strike as Against Property Rights What is meant by Right of Development? Cite concrete
      8. Right to Social Security  examples.
      9. Protection of and Assistance to Family Inalienable human right by virtue of which every human
      10. Right to Education and Development of Human person and all people are entitled to participate in, contribute
Personality  to, and enjoy economic, social, cultural and political
      11. Right to Students and Academic Freedom development, in which all human rights and fundamental
      12. Participation in Cultural Life and Benefits of Scientific freedoms can be fully realized.
Progress  Ex:  1. Economic prosperity
      13. Religious Education and Instruction        2. Social, political and cultural empowerment
      14. Right to High Standard of Physical and Mental        3. Social reform
Health         4. Economic reform
       5. Agriculture reform
What do you mean by cultural rights? Cite examples and        6. Agrarian reform and natural resources
explain.        7. Infrastructure development
Rights that aim at assuring the enjoyment of culture and its        8. Governance and development financing
components in conditions of equality, human dignity and non
discrimination.

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

development HUMAN RIGHTS SITUATION OF VULNERABLE
2. Promotion of awareness and enjoyment of SECTORS
the cultural heritage of national ethnic groups and minorities
and of indigenous peoples.
3. Preservation and presentation of Mention the persons or group of persons who are most
mankind's cultural heritage vulnerable to violations of human rights?
      4. Legislation protecting the freedom of artistic creation 1. Women
and performance 2. Children
3. Youth
Mention some provisions in the Philippine Constitution on 4. Indigenous Cultural Minorities
Economic rights, Social rights, and Cultural rights. 5. Muslim Population
1. Art. XII on the National Economy and Patrimony 6. Elderly
2. Art. XIII on Social Justice and Human Rights, Agrarian and 7. Disabled People
Natural Resources, Urban Land Reform and Housing, Health 8. Mentally Disabled People
Women 9. Prisoners and Detainees
3. Art. XIV on Education, Science and Technology, Arts, 10. Internally Displaced People
Culture and Sports 11. Migrant Workers
4. Art. XV on the family 13. Urban Poor
14. Refugees and Stateless Persons
What are the obligations of developed and industrialized 15. Laborers (Public, Private and Informal)
countries towards Third World Countries on economic, social 16. Rural Workers
and cultural rights? 17. Peasants and Fishermen
State Parties are obliged to take steps, individually and 18. Houshelpers
through international assistance and cooperation, especially
economic and technical, to the maximum of its available What are the factors or reasons why they are vulnerable to
violations of human rights?
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Due to their Origin, status and conditions. RA: 9231: An Act providing for Elimination of the worst
Cite concrete examples of each sector. Forms of Child Labor and affording Stronger Protection for
1. Children (Children in Emergency Situations – Zones of the Working Child 
Peace, children recruited  in Warfare, Children in Conflict RA 10361: Domestic Workers Act or Batas Kasambahay
with the Law, Child Labor ,Children of Migrant Workers, RA 10022: AN ACT AMENDING REPUBLIC ACT NO. 8042,
Children of Indigenous Tribes  and Transnational Children, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND
Children of Families with HIV, Children of Refugees Children OVERSEAS FILIPINOS ACT OF 1995
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 CHAPTER VII
the aged, those belonging to poor families) DISCRIMINATION
5. Disabled People  (Deaf, mute, blind, incompent, cripple,
pwds) 1. What do you understand by discrimination? Cite concrete
6. Mentally Disabled People (  physically and sexually examples to show discrimination.
abused persons) Discrimination generally means the failure to treat everyone
7. Prisoners and Detainees (wrongfully convicted, juveniles) alike according to the standards and rules of action. 
8. Migrant Workers (OFWs) Examples: 
9. Urban Poor ( street children,  families in urban areas with Racial Discrimination (Apartheid, Cultural Minorities, etc.) 
incomes below the poverty line, slums) Sex Discrimination (Violence against Women, Political Rights
10. Internally Displaced People of Women IN THE PAST,Trafficking of Women and Prostitution, etc.)
11. Laborers (Public, Private and Informal) Religious Discrimination (Religious discrimination in
12. Rural Workers education,etc.) 
13. Peasants and Fishermen (Agri workers) 2. What is the relation of discrimination to equality and
14. Houshelpers (even children) 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.
Cite the international instruments adopted to prevent or 3. Are there provisions in the United Nations Charter dealing
reduce the violation of their human rights in vulnerable on discrimination? Cite and explain.
groups. “Universal respect for an observance of human rights and
Universal Declaration of Human Rights, Convention on the fundamental freedoms for all without distinction as to race,
Rights of a Child, The Rules of the Protection for Non- sex, language or religion. These objectives are intended to
Combatants under Protocol I, Protection of victims of Non- promote the creation of conditions and stability which are
international Armed Conflicts Protocol II, Covenant on Civil necessary for a peaceful and friendly relations among
and Political Rights, Convention on Migrant Workers, nations based on respect for the principle of equal rights and
Convention on Refugees, Covenant on Social, Economic self determination of people.” (Art. 55c)
and Cultural Rights, Convention of Stateless Persons,  4. What is the provision on the Universal Declaration of
Human Rights on discrimination?
Cite local laws enacted to assist those whose rights are The preamble of Universal Declaration of Human Rights
vulnerable to human rights violations. emphasized that “the equal and inalienable rights of each
1.  The Philippine Constitution member of the human family”. UDHR believed that the
The Revised Penal Code  foundation of freedom, justice and peace in the world will be
The Labor Code achieved only through equal rights of men and women.
RA 7610 : Special Protection of Children Against Abuse, “Everyone is entitled to all the rights and freedoms set forth
Exploitation and Discrimination Act. in this Declaration, without distinction of any kind, such as
RA9262: Anti-Violence Against Women and Their Children race, colour, sex, language, religion, political or other
Act of 2004 opinion, national or social origin, property, birth or other
PD 60: Child and Youth Welfare Code  status. Furthermore, no distinction shall be made on the
RA:8353:Anti- Rape Law  basis of the political, jurisdictional or international status of
 RA 8505: Rape victim assistance and Protection Act  the country or territory to which a person belongs, whether it
RA 9775 : Anti-Child Pornography Act  be independent, trust, non-self-governing or under any other
RA 10175: Cyber Crime Prevention Act  limitation of sovereignty.” (ART. 2)
RA 9995: Anti-Photo and Video Voyeurism Act  5. Cite provisions in the Philippines Constitution prohibiting
RA 9208: The Anti-Trafficking in Persons Act of 2003  discrimination. Cite some examples.
Rules of the protection for Non-Combatants under Protocol I, Cultural Minorities 
Protection of victims of non-international armed conflicts  “The state shall recognize, respect and protect the rights of
RA 9344:  Juvenile Justice and Welfare Act of 2006. indigenous cultural minorities to preserve and develop their
RA 7658: An Act Prohibiting the employment of Children cultures, traditions, and institutions. It shall consider these
below 15 years of age,  rights in the formulation of national plans and policies” (Art.
XIV, Sec. 17)
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Women 
“The State recognizes the role of women in nation-building, 2. In what way are they recognized by the United Nations?
and shall ensure the fundamental equality before the law of The United Nations recognize the role and importance of
women and men” (Art. II, Sec. 14) NGOs in the protection of Human Rights through their
charter, Article 71 states "The Economic and Social Council
“The State shall protect working women by providing safe may make suitable arrangements for consultation with non-
and healthful working conditions, taking into account their governmental organizations which are concerned with
maternal functions, and such facilities and opportunities that matters within its competence."  This enabled the council to
will enhance their welfare and enable them to realize their full consult NGOs on any activity involving the promotion and
potential in the service of the nation” (Art. XIII, Sec. 14) protection of human rights.

Religious Test 3. Mention some international NGOs and state activities they
“No religious test shall be required for the exercise of civil or are engaged in on human rights.
political rights” (Art III, Sec. 5) Amnesty International focus on providing legal aid and
6. What particular groups of persons are usually assistance victims of torture and those wrongly convicted of
discriminated against? Why? crimes.  Through their website they also promote human
Groups that are usually discriminated are women, children, rights by posting news that promote awareness on human
cultural minorities, poor people and other vulnerable rights violations.
sectors.  It is because they are the groups who lack
knowledge about their rights. They are perceived to be weak 4. What do you mean by NGOs as Ombudsmen?
that doesn’t have the capacity to fight for their rights. NGOs function as Ombudsmen, safe-guarding human rights
7. What is meant by religious discrimination? Give examples. and calling the attention of the government on violations
Declaration on All Forms of Intolerance and of through periodic reports, public statements participation in
Discrimination Based on Religion or Beliefs provides that in the deliberations established by intergovernmental
religious discrimination, everyone should have the freedom organizations
of thought, conscience and religion, that no one should be NGOs stimulate public opinions and initiation on the
subjected to coercion, which would impair his/her freedom to foundation of foreign policy of countries on matters
have a religion or belief of his/her own choice.  concerning the violation of human rights.
EXAMPLE:
Religious test in the exercise of civil or political rights 5. Mention some of the NGOs in the Philippines and briefly
Impediment to marriage on account of religion discuss their roles in protecting and promoting human rights.
Refusal to admit student on account of religion Like Amnesty International, the Philippine Alliance of Human
8. Have you observed in your community any form of Rights Advocates promote human rights by posting news
discrimination? Cite concrete examples and state why you and reports that promote awareness of Human Rights
consider them discrimination. violations.
Assistance given to poor people in government agencies, The Medical Action Group, on the other hand, aside from
public offices (NBI, NSO, LTO, etc,.) posting news and reports, the actively promote human rights
ETC.  by doing the following.
9. In what ways are the economically disadvantaged Organize/mobilize necessary resources for health services.
discriminated? Maintain a resource center including books, manuals,
Economically disadvantaged do not enjoy equal audiovisuals and other educational materials pertaining to
opportunities on the availment of government services and health and human rights.
resources. In spite of the Land Reform Law, majority are still Publish a quarterly news magazine that carries news and
landless, suffering from the landlord-tenancy relationship. information on the health and human rights situation in the
Poor people are discriminated against in many ways. 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
Chapter VIII the other beneficiaries.
The Role of Non Governmental Organizations in the Conduct fact-finding missions, exhumations and autopsy to
Promotion and Protection of Human Rights victims of extrajudicial executions.
Monitor the health condition of workers in the picket line or
farmers on hunger strike.
1. What do you understand by Non-Governmental 6. In what way or ways do they help the Commission on
Organizations (NGOs) on Human Rights? Human Rights on its monitoring functions?
A non-governmental organization (NGO) is a not-for-profit The Commission on Human Rights is mandated to conduct
organization primarily created to promote and protect human investigations on human rights violations against
rights. They primarily participate in the United Nations on a marginalized and vulnerable sectors of the society, involving
Consultative Status while the latter create charters and civil and political rights.  To accomplish its functions, the
support human rights.  Some NGOs like the International CHR accept reports from NGOs on violations of Human
Red Cross protect human rights by providing medical Rights.  Similar to the United Nations, the CHR also consults
assistance, food and other basic needs to victims of NGOs to monitor and reinforce Human Rights.
violations.
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7. What do you understand by "Development Aggression"? Q: Should human rights course be a part of the curriculum in
Development Aggression is a term used by indigenous schools? Why?
peoples to refer to development projects that violate their Yes. Human Rights education should start at the grass root
human rights. level. Therefore, the best way to integrate it in our education
It refers to projects planned or progressed without free, prior system is to include it in the curriculum of all learning
and informed consent from an impacted local community as institutions. Moreover, the young ones are more expected to
required by international law, such as in the United Nations be receptive with Human Rights education. 
Declaration on the Rights of Indigenous Peoples.
Q: What methods are suggested for the teaching of human
8. In what way or ways does "Development Aggression" rights to school students? To college students?To adult
violate human rights? citizens in barangays?
Development Aggression violates human rights because it CHR Human Rights Module
displaces communities from cultural lands rightfully theirs to Situational Example of Human Acts and how could there be
another location for the sake of infrastructure and other possible Human Rights Violation
industrial advancements Question and Answer
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 Chapter X
other business interests taking over their territories. REMEDIES FOR ENFORCEMENT OF HUMAN RIGHTS ,
TREATIES AND LAW

Chapter IX Q: What do you mean by remedies for enforcement of

HUMAN RIGHTS EDUCATION human rights?
For every right, there must be an effective remedy. These
Q: What do you mean by Human Rights Education? remedies are developed by the law making bodies in which
System used for Training, Dissemination and Information people may use to seek proper course of action in the event
Efforts aimed at building of universal culture of human rights. that their human rights have been violated.
Imparting of Knowledge and skills on the molding of attitude,
which direct towards the strengthening the people’s respect Q: What are the forms of remedies available to human rights
for human rights. victims through:
Provides the understanding, tolerance, gender equality and United Nations Systems
friendship among all nations including indigenous people and Optional Protocol to International Covenant on Civil and
racial, national ethnic, religious and linguistic groups. Political Rights adopted in 1966 (Ratified by the Philippines
Enables a person to participate effectively in a FREE society. on August 22, 1989).
The International Covenant on Elimination of all Forms of
Q: What is the importance of Human Rights Education in the Racial Discrimination (Ratified by the Philippines on
Philippines? September 15, 1967).
People will know when they are already violating the right of Convention Against Torture and Other Cruel Inhuman or
others. Degrading Treatment or Punishment (Ratified on June 18,
People will know how they can protect, not only themselves 1986).
but also the rights of others. 1503 Procedure 
People will become aware of the duties they owe to others. Through International Tribunals
People will know when they may turn to for help. International Criminal Tribunal for Violations of Humanitarian
Law
Q: What sectors of the Philippine society should be educated International Criminal Court (ICC) Rome Statute
first on human rights? Why? Through National or Domestic Tribunals
Commission on Human Rights identified the following Governed by Local State Policies
sectors that should be educated on Human Rights, which
are, Military Personnel, Police Officers and other Law Q: May an individual file complaint for violations of human
Enforcement Agencies. The reason behind is that these rights in United Nation bodies? Discuss.
government sectors are the most prone to the violation of Yes. An individual whose human rightwas violated may lodge
Human Rights.  his / her complaint to the United Nation bodies in cases
where the respondent is the Government. Provided that the
Q: How should human rights education be given to the respondent Government has ratified the Covenant and its
barangays? Optional Protocol. However, before an individual may lodge
CHR institutionalized Barangay Human Rights Action the complaint to the United Nation bodies, he / she shall
Centers to handle Human Rights education and enforcement need to exhaust all the remedies available in his / her local
within the community. They are given basic program on state policies. In the event that the complainant is not
Constitutional Provisions and Basic Provisions of the satisfied with the local remedy, the HRC established under
International Instruments. the Article 28 of the Covenant will consider the complaint
together with the available evidence by both parties. 
 JDHRLAW | 8

Advocacy Courses on Human Rights and International

Q: What are the remedies for gross violations of Human Humanitarian Law (HR – IHL)
Rights? Curricula for the Police / Jail personnel and Correction     
An individual may lodge his/her complaint with the Officers.
International Criminal Tribunal  Extensive Training Course for AFP, PNP, BJMP
Bi-Annual Publication of Human Rights Journal
Q: Briefly state the jurisdiction and functions of the Quarter release of Newsletter, Batingaw.
International Criminal Court. UDHR Booklet, in 4 Dialects (Tagalog, Kapangpangan,
The jurisdiction will only take effect after a state becomes a Ilokano, Cebuano)
party and after the entry into force of the Statute. Featured Stories of CHR’s Accomplishments and Relevant
Only until then that the ICC can exercise its jurisdiction. News.
It has the power to try individuals who violated international Tabloids, Magazines and Newspapers (published weekly)
humanitarian law even if committed in an internal war. TV Plugs including testimonies
Examples are: Reproduction of Human Rights Sticker – “HR Protection
Killing fields in Cambodia, Rwanda, Somalia and Sudan and Sticker”
recently the Ethnic cleansing in Yugoslavia. Other materials featuring current human rights issues
The State Consent has no power in this jurisdiction.  Creative Dance Workshop for Children
A Military commander shall be criminally responsible for the Research Studies:
crimes committed by a person pursuant to an order of the Enhancing GO – NGO Collaboration
Government Building alliance for Human Rights Legislation
HR-Social Reform for Disadvantageous Sectors including
Q: Are there Human Rights courts in the Philippines? their service providers.
None.  Dispute Resolutions
Union Perspective
CHR – GO – NGO Collaboration towards monitoring
Q: Discuss the procedures on how a complaint for violation Philippine Government Compliance with International Treaty
of Human Rights in the Philippines is filed. Obligations on Human Rights.
BHRAO (Barangay Human Rights Action Officer) receives
and process the complaints lodged by an individual before Other may also cite Article XIII Section 18 of the Constitution
their office and is the one responsible to asses should there – CHR powers and function.
indeed a Human Rights Violation or within the jurisdiction of (1) Investigate, on its own or on complaint by any party, all
the CHR. Should there be a cause established under the forms of human rights violations involving civil and political
jurisdiction of the CHR, the complainant will be asked to rights;
provide  documents and proofs for the case. At this stage,
the CHR may start its investigation of the case.  (2) Adopt its operational guidelines and rules of procedure,
However, in any case CHR is empowered by the Constitution and cite for contempt for violations thereof in accordance
to investigate on its own even in the absence of any with the Rules of Court;
complaint, a Human Rights violation  (3) Provide appropriate legal measures for the protection of
human rights of all persons within the Philippines, as well as
Q: Discuss the role of the Barangay in the enforcement of Filipinos residing abroad, and provide for preventive
Human Rights. measures and legal aid services to the underprivileged
Barangay Officials being the governing bodies at the whose human rights have been violated or need protection;
community level are the ones who always receive complaints
and disputes at the initial stage prior to any intervention of (4) Exercise visitorial powers over jails, prisons, or detention
higher agencies or authorities. Together with the CHR and facilities;
DILG, they have instituted BHRAC, which empowers and
systematize the Barangay system to handle local disputes (5) Establish a continuing program of research, education,
the proper way.  and information to enhance respect for the primacy of human
rights;
Q: What is the role of the Philippine Commission on Human
Rights in the enforcement of Human Rights Laws? Cite (6) Recommend to Congress effective measures to promote
concrete examples. human rights and to provide for compensation to victims of
The Philippine Commission on Human Rights is a violations of human rights, or their families;
constitutional mandate, which is tasked to ensure effective
and efficient enforcement of Human RightsLaws. It is (7) Monitor the Philippine Government’s compliance with
responsible for the Seminars, Trainings, Promotion, international treaty obligations on human rights;
Dissemination and sustainability of Human Rights education.
One of the most significant accomplishments of the agency (8) Grant immunity from prosecution to any person whose
is its Initiative to make a special Human Rights Education testimony or whose possession of documents or other
System for Military, Police and other Law Enforcement evidence is necessary or convenient to determine the truth in
Agencies in which they were recognized by UN & UNESCO. any investigation conducted by it or under its authority;
Some of the examples are:
 JDHRLAW | 9

(9) Request the assistance of any department, bureau, under the Convention, has no jurisdiction to annul domestic
office, or agency in the performance of its functions; laws or administrative practices which violate the
Convention. 
(10) Appoint its officers and employees in accordance with The Committee of Ministers of the Council of Europe is
law; and charged with supervising the execution of the Court's
judgments. The Committee of Ministers oversees the
(11) Perform such other duties and functions as may be contracting states' changes to their national law in order that
provided by law. 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
REMEDIES FOR THE ENFORCEMENT OF HUMAN judgments.
RIGHTS TREATIES & LAWS
I. European Court of Human Rights Friendly Settlement
The European Court of Human Rights (ECtHR) is a regional Prior to a decision on the merits, the Court will try to facilitate
human rights judicial body based in Strasbourg, France. The the arrangement of a friendly settlement.  If a friendly
Court began operating in 1959 and has delivered more than settlement cannot be reached, the Court will then deliver a
10,000 judgments regarding alleged violations of the judgment on the merits.  In instances where the Chamber
European Convention on Human Rights.These are binding hearing the case decides to issue an admissibility decision in
on the countries concerned and have led governments to conjunction with a judgment on the merits, then the Parties
alter their legislation and administrative practice in a wide may include information about friendly settlements in the
range of areas. The Court's case-law makes the Convention observation they submit to the Court.
a powerful living instrument for meeting new challenges and
consolidating the rule of law and democracy in Europe. Interim Measures
The Court has jurisdiction to decide complaints In exceptional cases, the Court may grant applicants “interim
(“applications”) submitted by individuals and States measures,” which are designed to protect the applicant from
concerning violations of the European Convention on Human further harm while the case proceeds before the Court.
Rights, which principally Requests for interim measures are only granted when there
concerns civil and political  rights.The European Court, or is an imminent risk of irreparable harm such as death or
“Strasbourg Court” as it is often called, serves a torture. They are most often granted in extradition and
complementary role to that of the European Committee of deportation cases.
Social Rights, which oversees European States’ respect for
social and economic rights. 47 Member States

Jurisdiction II. National Human Rights Institutions

It cannot take up a case on its own initiative. Notably, the Human Rights institutions are administrative in nature in the
person, group or non-governmental organization submitting sense that they are neither judicial nor law-making. As a rule,
the complaint (“the applicant”) does not have to be a citizen these institutions have advisory authority regarding national
of a State Party. and international human rights for the protection of nationals
However, complaints submitted to the Court must concern against discrimination and protection of civil and other
violations of the Convention allegedly committed by a State human rights. Such institutions are created by legislation or
Party to the Convention and that directly and significantly decree.
affected the applicant. As of March 2014, 47 States have Some countries create the Ombudsman with the primary
ratified the Convention. Some of these States have also function to protect the rights of individual. The Ombudsman
ratified one or more of the Additional Protocols to the often act as an impartial mediator between aggrieved
Convention, which protect additional rights. individual and the government. Based on the investigated
To submit a complaint, an application form which is available complaints, the ombudsman makes a recommendation
online must be filled out in its entirety and copies of all addressed to the authority complained of and if the
relevant documents must be included along with the recommendation is not acted upon, the ombudsman submits
application, which must be submitted by postal mail. a report to the legislature containing suggestions to resolve
the complaint. 
The Court's chamber decides both issues Spain
regarding admissibility and merits of the case. Generally, Sweden
both these issues are dealt with in the same judgment. In Switzerland
final judgments, the Court makes a declaration that a Macedonia
contracting state has violated the Convention, and may order Turkey
the contracting state to pay material and/or moral damages Ukraine
and the legal expenses incurred in domestic courts and the United Kingdom
Courtin bringing the case. The Court's judgments are public
and must contain reasons justifying the decision. Article 46 of Ireland
the Convention provides that contracting states undertake to Italy
abide by the Court's final decision. On the other hand, Latvia
advisory opinions are, by definition, non-binding. The Court, Liechtenstein
 JDHRLAW | 10

Lithuania Perform other functions

Luxembourg
Malta 2. Writ of Amparo (A.M. No. 07-9-12 SC)
Republic of Moldova History
Monaco Writ of Amparo first appeared in the Constitution of Yucatan
Montenegro in 1841 then to Mexican Constitution of 1857. In 1971,
former Justice Adolfo Azcuna, then a delegate to the
Albania  Constitutional Convention, tried unsuccessfully to have the
Andorra writ of Amparo incorporated in the Constitution.He replicated
Armenia his efforts as a member of the 1986 Constitutional
Austria Commission. Although the writ was not constitutionalized, he
Azerbaijan succeeded in introducing a provision granting the Supreme
Belgium Court power to promulgate rules concerning the enforcement
Bosnia and Herzegovina of rights. In 2002, he was appointed to the Supreme Court,
Bulgaria and his effort initiated more than three decades ago paid off
Croatia when the court of last recourse adopted in 2007 the Rule on
Cyprus the Writ of Amparo for the protection of the rights to life,
liberty, and security.
Netherlands
Norway Legal Remedy for Human Rights Violation
Poland The writ is a remedy available to any person whose right to
Portugal life, liberty and security is violated or threatened with
Romania violation by an unlawful act or omission of a public official or
Russian Federation employee, or of a private individual or entity. It covers
San Marino extralegal killings and enforced disappearances or threats.
Serbia The principal objective of its proceedings is the initial
Slovak Republic determination of whether an enforced disappearance,
Slovenia 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
Czech Republic administrative under the applicable substantive law.The filing
Denmark of the petition does not suspend nor preclude the filing of
Estonia criminal, civil, or administrative actions.
Finland The petition for the writ of Amparo is a special proceeding
France governed by A.M. No. 07-9-12 SC. The rationale of the writ
Georgia stems from the most basic human right to life. The Covenant
Germany on Civil and Political Rights and as recognized in the
Greece Philippine Constitution, every person has the inherent right to
Hungary life, liberty and security
Iceland
Local Remedies in the Philippines
1. Commission on Human Rights (ART. XIII) THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
CHR Composed of:
Chairman Adopted by the UN General Assembly on Dec. 10, 1948
4 Members 1st International recognition that human rights and
Qualifications: fundamental freedoms are applicable to every person
Natural-born citizen Not legally binding / not a treaty. It’s a moral obligation rather
Majority must be members of the Bar than legal. 
Others provided by law Provisions:
Powers & Functions: Article 1: Right to Equality
Investigate violations of human rights Article 2: Freedom from Discrimination
including civil and political rights. (Cariño v CHR) Article 3: Right to Life, Liberty, Personal Security
Adopt operational guidelines Article 4: Freedom from Slavery
Provide appropriate legal measures for all persons within Article 5: Freedom from Torture and Degrading Treatment
Philippinesas well as Filipinos residing abroad. Article 6: Right to Recognition as a Person before the Law
Visitorialpowers over jails Article 7: Right to Equality before the Law
Establish continuing program of research on human rights Article 8:  Right to Remedy by Competent Tribunal
Recommend to Congress effective measures of promotion of Article 9: Freedom from Arbitrary Arrest and Exile
HR (EPZA v CHR) Article 10: Right to Fair Public Hearing
Monitor Government’s compliance  Article 11: Right to be Considered Innocent until Proven
Grant immunity from prosecution Guilty
Request assistance from any agency Article 12: Freedom from Interference with Privacy, Family,
Appoint its officers Home and Correspondence
 JDHRLAW | 11

Article 13: Right to Free Movement in and out of the Country improvement of living conditions" (Article 11); health,
Article 14: Right to Asylum in other Countries from specifically "the highest attainable standard of physical and
Persecution mental health" (Article 12); education, including free
Article 15: Right to a Nationality and the Freedom to Change universal primary education, generally available secondary
It education and equally accessible higher education. This
Article 16:  Right to Marriage and Family should be directed to "the full development of the human
Article 17: Right to Own Property personality and the sense of its dignity”, and enable all
Article 18: Freedom of Belief and Religion persons to participate effectively in society (Articles 13 and
Article 19: Freedom of Opinion and Information 14); participation in cultural life (Article 15).
Article 20: Right of Peaceful Assembly and Association Part 4 (Articles 16–25) governs reporting and monitoring of
Article 21: Right to Participate in Government and in Free the Covenant and the steps taken by the parties to
Elections implement it. It also allows the monitoring body – originally
Article 22: Right to Social Security the United Nations Economic and Social Council – now the
Article 23: Right to Desirable Work and to Join Trade Unions Committee on Economic, Social and Cultural Rights to make
Article 24: Right to Rest and Leisure general recommendations to the UN General Assembly on
Article 25: Right to Adequate Living Standard appropriate measures to realize the rights (Article 21)
Article 26: Right to Education Part 5 (Articles 26–31) governs ratification, entry into force,
Article 27: Right to Participate in the Cultural Life of and amendment of the Covenant.
Community
Article 28: Right to a Social Order that Articulates this
Document
Article 29: Community Duties Essential to Free and Full ARTICLE III
Development BILL OF RIGHTS
Article 30: Freedom from State or Personal Interference in
the above Rights FUNDAMENTAL POWERS OF THE STATE
- They belong to the very essence of government and
Impact or Significance:  without them no government can exist. A constitution can
Forms part of customary international law only define and delimit them and allocate their exercise
Cause Government to rethink/rewrite Constitution and among various government agencies. A constitution does not
acknowledge the rights laid down by the UDHR grant them.
Adoption of International Covenants which are binding Police power: inherent and plenary power in the State which
International Agreements / Major Treaties or Convention enables it to prohibit all that is hurtful to the comfort, safety,
Reference of several laws and statutes across nations  and welfare of the society
1. Lawful subject
2. Lawful mean
THE INTERNATIONAL COVENANT ON ECONOMIC, Power of eminent domain: the use of government of its
SOCIAL AND CULTURAL RIGHTS (ICESCR) coercive authority, upon just compensation, to forcibly
acquire the needed property in order to devote the same to
Adopted by the United Nations General Assembly on 16 public use
December 1966 and entered into force on 3 January 1976. Power of taxation: method by which contributions are
Second Generation Rights exacted from persons and property for the support of
One of the most important United Nations (UN) human rights government and for all public needs
treaties  (multilateral treaty)
Crucial to enable people to live with dignity. CP and ESC: PROTECTED RIGHTS
Indivisible and interrelated  Right to life
Reliant on resources The constitutional protection of the right to life is not just a
5 Parts protection of the right to be alive or to the security of one’s
Part 1 (Article 1) recognizes the right of all peoples to  self- limb against physical harm. The right to life is the right to a
determination good life.
Part 2 (Articles 2–5) establishes the principle of  "progressive Right to property
realization“ Protected property includes all kinds of property found in the
- It acknowledges that some of the rights (for example, the Civil Code.
right to health) may be difficult in practice to achieve in a
short period of time, and that states may be subject to SECTION 1 – DUE PROCESS AND EQUAL PROTECTION
resource constraints, but requires them to act as best they Substantive due process: prohibition of arbitrary rules
can within their means. Procedural due process: guarantee of procedural fairness
Part 3 (Articles 6–15) lists the rights themselves. These and a law which hears before it condemns
include rights to work, under "just and favorable conditions", Equal protection
with the right to form and join trade unions (Articles 6, 7, and ** The equal protection clause is a specific constitutional
8); social security, including social insurance (Article 9); guarantee of the Equality of the Person. The equality it
family life, including paid parental leave and the protection of guarantees is legal equality or, as it is usually put, the
children (Article 10); an adequate standard of living, including equality of all persons before the law. Under it, each
adequate food, clothing and housing, and the "continuous individual is dealt with as an equal person in the law, which
 JDHRLAW | 12

does not treat the person differently because of who he is or them is clearly outweighed by the social interests in order
what he is or what he possesses. and morality

SECTION 2 – WARRANTLESS SEARCHES AND SECTION 5 – FREEDOM OF RELIGION

SEIZURES Non-establishment clause
** The purpose of the provision is to protect the privacy and ** Neither the State nor the Federal Government can set up
sanctity of the person and of his house and other a church. Neither can pass laws which aid one religion, aid
possessions against arbitrary intrusions by State officers all religions, or prefer one religion over another. Neither can,
Probable cause: such facts and circumstances antecedent to openly or secretly, participate in the affairs of any religious
the issuance of a warrant that are in themselves sufficient to organizations or groups and vice versa. The clause against
induce a cautious man to rely upon them establishment of religion by law was intended to erect “a wall
Probable cause for the issuance of a warrant of arrest: such of separation between Church and State.”
facts and circumstances which would lead a reasonably Free exercise clause
discreet and prudent man to believe that an offense has The absoluteness of the freedom to believe carries with it the
been committed by the person sought to be arrested corollary right that the government, while it may look into the
Probable cause for a search: such facts and circumstances good faith of a person, cannot inquire into a person’s
which would lead a reasonably discreet and prudent man to religious pretensions. The moment, however, belief flows
believe that an offense has been committed and that the over into action, it becomes subject to government
objects sought in connection with the offense are in the place regulation.
sought to be searched Prohibition of religious test
** Probable cause is concerned with probability, not absolute The purpose of this provision, which is but a corollary of the
or even moral certainty. freedom and non-establishment clause, is to render the
Personal examination government powerless to restore the historically and
** What the Constitution underscores is the exclusive and constitutionally discredited policy of probing religious beliefs
personal responsibility of the issuing judge to satisfy himself by test oaths or limiting public offices to persons who have,
of the existence of probable cause. The judge is not required or perhaps more properly, profess to have a belief in some
to personally examine the complainant and his witnesses particular kind of religious concept.
and on the basis thereof, issue a warrant of arrest. This
means that what is required is personal determination and SECTION 6 – LIBERTY OF ABODE AND TRAVEL
not personal examination. ** The liberty of abode may be limited only upon lawful order
Particularity of description of a court whereas the right to travel may be limited by
** A search warrant may be said to be particularly describe administrative authorities as may be provided by law in the
the thing to be seized when the description therein is as interest of national security, public safety or public health.
specific as the circumstances will ordinarily allow and by
which the warrant officer may be guided in making the SECTION 7 – RIGHT TO INFORMATION
search and seizure. 1. Right to choose a person’s abode
** Its purpose is to prevent abuse by the officer enforcing the 2. Right to travel both at home and going out of the country
warrant by leaving to him no discretion as to who or what to ** They are subject to such limitations as may be provided by
search or seize. law.
** The Ethical Standards Act prohibits public officials and
SECTION 3 – PRIVACY OF COMMUNICATION AND employees from using or divulging confidential or classified
CORRESPONDENCE information officially known to them by reason of their office
** The privacy right is but an aspect of the right to be secured and not made available to the public.
in one’s person.
** The privacy right is but an aspect of the right to be secured SECTION 8 – FREEDOM OF ASSOCIATION
in one’s person. ** The right to form associations shall not be impaired except
through a valid exercise of police power.
SECTION 4 – FREEDOM OF SPEECH ** It is therefore an aspect of general right of liberty. More
1. No prior restraint specifically, it is an aspect of freedom of contract; and in so
2. No subsequent punishment far as associations may have for their object the
Prior restraint: official government restrictions on the press or advancement of beliefs and ideas, freedom of association is
other forms of expression in advance of actual publication or an aspect of freedom of expression and belief.
dissemination ** Government employees do not have a constitutional right
Subsequent punishment: have the effect of unduly curtailing to strike.
expression
Chilling effect: the citizen would hesitate to speak for fear he SECTION 9 – POWER OF EMINENT DOMAIN
might be provoking the vengeance of the officials he Power of eminent domain:power of the state to take private
criticized property for public use upon payment of just compensation.
Unprotected speech: libel and obscenity 1. there is taking of private property
** It has been observed that such utterances are no essential 2. the taking must be for needed public use
part of any exposition of ideas, and are of slight social value 3. there must be just compensation
as a step to truth that any benefit that may be derived from ** The power of eminent domain is possessed by the State
and is exercised by the national government.
 JDHRLAW | 13

Just compensation: the just and complete equivalent of the doubt and to enable him to prepare his defense without
loss which the owner of the thing expropriated has to suffer being subject to punishment prior to conviction.
by reason of the expropriation Bail: mode short of confinement which would, with
reasonable certainty, insure the attendance of the accused
SECTION 10 – CONTRACTS ay his trial and usually takes the form of a deposit of money
** Not all impairment of the substance of a contract violates or is equivalent as a guarantee of such attendance and
the Constitution. A valid exercise of police power is superior which deposit is forfeited upon failure to appear.
to the obligation of contracts. ** No constitutional right when the following conditions
** The government cannot prejudice private rights without concur: the accused is charged with an offense punishable
due process. by reclusion perpetua; and the evidence against him is
strong.
SECTION 11 – FREE ACCESS TO COURTS
** This constitutional provision is the basis for the provision SECTION 14 – RIGHTS OF THE ACCUSED
of Sec 17, Rule 5 of the Rules of Court allowing litigation in 1. Due process in criminal cases
forma pauperis. 2. Presumption of innocence
** Those protected include low paid employees, domestic 3. Right to be heard
servants and laborers. They need not be persons so poor 4. Right to counsel
that they must be supported at public expense. It suffices 5. Right to be informed
that the plaintiff is an indigent. 6. Right to speedy, impartial, and public trial
7. Right to meet witness face to face
SECTION 12 – MIRANDA RIGHTS 8. Compulsory process
1. Right to remain silent Presumption of innocence
2. Right to competent and independent counsel preferably of ** No person shall be convicted unless the prosecution has
his own choice proved him guilty beyond reasonable doubt.
3. Right to be informed of such rights Right to counsel
Right to be informed ** This is a realistic recognition of the obvious truth that the
** When the Constitution requires a person under average defendant does not have the professional skill to
investigation to be informed of his right to remain silent and protect himself when brought before a tribunal with power to
to counsel, it must be presumed to contemplate the take his life or liberty, wherein the prosecution is represented
transmission of a meaningful information rather than just the by an experienced and learned counsel.
ceremonial and perfunctory recitation of an abstract Right to be informed
constitutional principle. ** The object of the written accusation is to furnish the
** It is not sufficient for a police officer to just repeat to the accused with such a description of the charge against him as
person under investigation the provisions of the Constitution. will enable him to make his defense, to avail himself of his
He is not only duty-bound to tell the person the rights to conviction or acquittal for protection against a further
which the latter is entitled; he must also explain their effects prosecution for the same course, and to inform the court of
in practical terms. the facts alleged, so that it may decide whether they are
** The right of the person under investigation to be informed sufficient in law to support a conviction, if one should be had.
implies a correlative obligation on the part of the police ** The complaint must contain a specific allegation of every
investigator to explain, and contemplates an effective fact and circumstance necessary to constitute the crime
communication that results in understanding what is charged.
conveyed. Right to speedy trial
Right to competent and independent counsel ** The concept of speedy trial is necessarily relative and
** The right to counsel is intended to preclude the slightest determination of whether the right has been violated must be
coercion as would lead the accused to admit something based on the balancing of various factors. Length of delay is
false. This constitutional right extends only to testimonial certainly a factor to consider; but other factors must also be
compulsion and not when the body of the accused is considered such as the reason for the delay, the effort of the
proposed to be examined. defendant to assert his right, and the prejudice caused to the
** This is a product of experience under the Marcos regime defendant,
when the military authorities used to make available to Right to a public trial
detainees only counsel of the military’s choice, and ** The purpose of this guarantee is to serve as a safeguard
presumably working also for the interest of the military. against any attempt to employ our courts as instruments of
Waiver of rights persecution. The knowledge that every criminal is subject to
** These rights cannot be waived except in writing and in the contemporaneous review in the forum of public opinion us an
presence of counsel. effective restraint on possible abuse of judicial power.
Torture, force, etc. prohibited Right to meet witness face to face
** Because they vitiate truth and because they are an assault ** The right has a two-fold purpose: to afford the accused an
on the dignity of the person. opportunity to test the testimony of the witness by cross-
examination and to allow the judge to observe the
SECTION 13 – RIGHT TO BAIL deportation if the witness.
** Bail is awarded to the accused to honor the presumption Waiver of rights
of innocence until his guilt is proven beyond reasonable ** Whenever a protection given by the Constitution is waived
by the person entitled to that protection, the presumption is
 JDHRLAW | 14

against the waiver. Consequently, the prosecution must ** Death penalty per se is not a cruel, degrading or inhuman
prove with strongly convincing evidence to the satisfaction of punishment. Punishment is so if it involves torture or a
this Court that indeed the accused willingly and voluntarily lingering death; but the punishment of death is not cruel,
submitted his confession and knowingly and deliberately within the meaning of that word as used in the constitution. It
manifested that he was not interested in having a lawyer implies there is something inhuman and barbarous,
assist him during the taking of that confession. something more than the mere extinguishment of life.

SECTION 15 – PRIVILEGE OF THE WRIT OF HABEAS SECTION 20 – DEBT AND POLL TAX
CORPUS Debt: Any liability to pay money growing out of a contract,
Writ of habeas corpus:a writ directed to the person detaining express or implied.
another, commanding him to produce the body of the ** A person may be imprisoned for fraudulent debt only if the
prisoner at a designated time and place, with the day and fraudulent debt constitutes a crime and the debtor has been
cause of his caption and detention, to do, submit to, and duly convicted.
receive whatever the court or judge awarding the writ shall Poll tax:cedula tax or residential tax
consider in that behalf ** The Constitution does not prohibit the cedula tax but it
Privilege of the writ of habeas corpus:right to have an prohibits imprisonment for non-payment of the cedula tax.
immediate determination of legality of the deprivation of
physical liberty SECTION 21 – DOUBLE JEOPARDY
Validity of the suspension First jeopardy terminated
1. the existence of actual invasion or rebellion 1. by acquittal
2. public safety requires the suspension 2. by final conviction
3. by dismissal without express consent of the accused
SECTION 16 – SPEEDY TRIAL 4. by dismissal on the merits
** Speedy trial in Sec 14 covers only the trial phase of
criminal cases, whereas Sec 16 covers all phases of nay SECTION 22 – EX POST FACTO LAW AND BILL OF
judicial, quasi-judicial or administrative proceedings. ATTAINDER
** The ex post fcato clause prohibits only retrospective penal
SECTION 17–RIGHT AGAINST SELF-INCRIMINATION laws.
** 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.