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Module CRI 312 - Human Rights Educ

The document outlines the course policies for a 3-unit Human Rights Education course offered through distance education at UM Bansalan College. It details the 54-hour workload, modes of delivery including online and phone consultation, assessment task deadlines and submission procedures, penalties for late assignments, and the grading system. Students must attend a final exam on campus and are subject to penalties for plagiarism or academic dishonesty.
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0% found this document useful (0 votes)
2K views64 pages

Module CRI 312 - Human Rights Educ

The document outlines the course policies for a 3-unit Human Rights Education course offered through distance education at UM Bansalan College. It details the 54-hour workload, modes of delivery including online and phone consultation, assessment task deadlines and submission procedures, penalties for late assignments, and the grading system. Students must attend a final exam on campus and are subject to penalties for plagiarism or academic dishonesty.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Course Outline
  • Course Information
  • Unit Learning Outcomes
  • Essential Knowledge
  • International Humanitarian Law
  • Course Schedule

UM BANSALAN COLLEGE

College of Teacher Education


R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Course Outline: CRI 312 – HUMAN RIGHTS EDUCATION

Course Coordinator: NOEL B. LAPAZ,RN, RCrim


Email: noel-lapaz@[Link]
Student Consultation: Done online (LMS: Google Classroom); traditional contact
(i.e. cellphone/telephone); or social media platforms (email,
Private Messenger, Facebook).
Mobile: 09100137717
Phone: None
Effectivity Date: June 2020
Mode of Delivery: Distance Education Delivery (DED)
Time Frame: 54 Hours
Student Workload: Expected Self-Directed Learning
Requisites: CRI 225
Credit: 3
Attendance Requirements: For necessary virtual sessions: minimum of 95% attendance;
For 1-day on-campus/onsite final exam: 100% attendance.

Course Outline Policy

Areas of Concern Details


Contact and Non-contact Hours This 3-unit course self-instructional manual is designed
for distance or off-campus learning mode of instructional
delivery with scheduled on-campus/onsite final
examination. The expected number of hours will be 54
including the virtual sessions and summative
assessment task (final exam). The face to face session
shall be done for the summative assessment task since
this course is covered in the licensure examination for
criminologists.
Assessment Task Submission Submission of assessment tasks shall be on 2nd, 4th and
6th week of the summer class. The assessment paper
shall be attached with a cover page indicating the
following:
i. Title of the assessment task,
1
UM BANSALAN COLLEGE
College of Teacher Education
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

ii. Name of the course coordinator,


iii. Date of submission, and
iv. Name of the student.

The document should be sent via email or private


messenger. You are also expected that you already paid
your tuition and other fees before the submission of the
assessment task.

Since this course is included in the licensure


examination for criminologist, you will be required to take
the Multiple- Choice Question exam inside the
University. This should be scheduled ahead of time by
your course coordinator. This is non-negotiable for all
licensure-based programs.
Module, Texbook and Other This module shall serve as your guide for directing
References yourselves in accomplising the various assessment
tasks and exercises which are mainly found in the
textbook (Understanding Human Rights and
International Humanitarian Law by Atty. Dela Cruz et al.,
2017).

Other assessment tasks and discussions are to be done


as directed through the module with specific source
links/references found in the internet.
Turnitin Submission To ensure honesty and authenticity, all assessment
(if necessary) tasks are required to be submitted through Turnitin with
a maximum similarity index of 30% allowed. This means
that if your paper goes beyond 30%, you will either opt
to redo your paper or explain in writing addressed to the
course coordinator the reasons for the similarity. In
addition, if the paper has reached more than 30%
similarity index, the student may be called for a
disciplinary action in accordance with the University’s
OPM on Intellectual and Academic Honesty.

Please note that academic dishonesty such as cheating


and commissioning other students or people to complete
the task for you have severe punishments (reprimand,
warning, and expulsion).
Penalties for Late The score for an assessment item submitted after the
2
UM BANSALAN COLLEGE
College of Teacher Education
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Assignments/Assessments designated time on the due date, without an approved


extension of time, will be reduced by 5% of the possible
maximum score for that assessment item for each day
or part day that the assessment item is late.

However, if the late submission of assessment paper


has a valid reason, a letter of explanation should be
submitted and approved by the course coordinator. If
necessary, you will also be required to present/attach
evidences.
Return of Assignments/ Assessment tasks will be returned to you two (2) weeks
Assessments after the submission. This will be returned via email or
private messenger. For performance tasks, the course
coordinator will send detailed comments and feedback
to each student.
Assignment Resubmission Resubmission done via email or private messenger must
be done by notifying in writing addressed to the course
coordinator your intention to resubmit an assessment
task. The resubmission is premised on the student’s
intention to edit/improve assignment, or on the failure to
comply with the similarity index and other reasonable
grounds such as academic literacy standards or other
reasonable circumstances (i.e. illness, accidents,
financial constraints, etc.)
Re-marking of Assessment You should request in writing addressed to the program
Papers and Appeal coordinator your intention to appeal or contest the score
given to an assessment task. The letter should explicitly
explain the reasons/points to contest the grade. The
program coordinator shall communicate with the
students on the approval and disapproval of the request.

If disapproved by the course coordinator, you can


elevate your case to the program head or the dean with
the original letter of request. The final decision will come
from the dean of the college.
Grading System All culled from traditional contact and Social Media
platforms:
Course discussions/exercises – 40%
1st formative assessment – 15%
2nd formative assessment – 15%

3
UM BANSALAN COLLEGE
College of Teacher Education
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

All culled from on-campus/onsite session (TBA):


Final exam – 30%

Submission of the final grades shall follow the usual


University system and procedures.
Preferred Referencing Style Use the general practice of the APA 6th Edition.
Student Communication You are required to create an email account as a
platform for submission.

Other communication formats includes private


messenger and cellphone. In case the course
coordinator requires students to use a specific virtual
communication app for video conferencing (i.e. Zoom
and and other similar applications), you are required to
download such application. However, the course
coordinator shall consider students who have no internet
access.

You can personally call or chat the course coordinator to


raise your issues and concerns.
Contact Details of the Dean Jenny T. Hernan, MAEd
Email:
jennyhernan@[Link]
Phone: (082) 2724080
Contact Details of the Program Noel B. Lapaz
Head Email:
noel_lapaz@[Link]
Phone: 09100137717
Students with Special Needs Students with special needs shall communicate with the
course coordinator about the nature of his or her
special needs. Depending on the nature of the need,
the course coordinator with the approval of the program
head may provide alternative assessment tasks or
extension of the deadline of submission of assessment
tasks. However, the alternative assessment tasks
should still be in the service of achieving the desired
course learning outcomes.
Instructional Help Desk [Link] G. Archival- 2724080
Contact Details Benjade Palmero – LMS Incharge - 09092537547
Library Contact Details Ronilo Genon - Librarian
4
UM BANSALAN COLLEGE
College of Teacher Education
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

genonronilo@[Link]

Well-being Welfare Support Held Divina E. Orge, RGC


Desk Contact Details Email: divina_neo@[Link]
Contact Number: 0945-3982934

5
UM BANSALAN COLLEGE
College of Teacher Education
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Course Information – see/download course syllabus in the Schoology Portal

CC’s Voice: Hello future Criminologists! Welcome to this course CRI 312: Human Rights
Education. As students aspiring to become law enforcers and great
Criminologists, it is of great importance to understand the rationale behind
having to take up Human Rights course in college.
You may ask why educate you with human rights? The answer is because
you, yourselves are humans who basically obtain these rights and has the
right to exercise such regardless of status, gender or race, and the sole
qualification of enjoying these rights is the membership in the human race.
And as future law enforcers, it is your mandate to save lives and protect
property as well as to maintain peace and order in the country. As
servants of the people, it must be an inherent wisdom that you have to
acquire in order not to violate these said rights as a step in promoting and
ensuring freedom, justice and peace in the world. The use of excessive
force, extra-judicial killings and all other actions that deprive another
human being of his life, liberty and property are actions that you must not
tolerate and you yourselves must avoid. Having these clear in mind, I
believe you are already interested to know more of the rights convened to
humans and have imagined yourselves upholding and respecting such
rights.

CO Upon completion of the course, you have to analyze the human rights being
laid down in our country and also the importance of the Universal
Declaration on Human Rights as the basis of our own law which is the
ultimate course outcome (CO) of this subject. Specifically, in this course you
are expected to explain the history and basic concepts in relation to human
rights which includes the elements and kinds of human rights. You are also
expected to discuss the role of the law enforcement agency in founding the
principles of human rights. Lastly, you are expected to discuss the
significance of the International Humanitarian Law

Let us begin!
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Big Picture

Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Explain the history of Human Rights and how it spreads throughout the world;
b. Distinguish the different definitions of human rights, its classifications and basic
principles.

Big Picture in Focus: ULOa. Explain the history of Human Rights


and how it spreads throughout the world
Metalanguage
In this section, the most essential concepts relevant to the history of Human
Rights as to how it spreads throughout the world and to demonstrate its content, ULOa
will be operationally defined and discussed in the texts presented in this module to
establish a common frame of reference. You will encounter terms and concepts as we
go through the study of human rights found in Chapter 1 of this module.
CYRUS CYLINDER – this is an ancient record recognized to be the world’s first charter
of human rights. Laid down in 539 B.C. by Cyrus the Great, the first king of ancient Persia after
conquering the city of Babylon. Recorded on a baked-clay cylinder in the language of Akkadian,
it stipulates that slaves be freed, that all the people had the right to choose their own religion,
that established racial equality and other decrees.

Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes) for the one (1)
week of the course, you need to fully understand the following essential knowledge that
will be laid down in the succeeding pages of this module.

From Babylon, the idea coming from the Cyrus Cylinder spread quickly to India,
Greece and eventually Rome

THE SPREAD OF HUMAN RIGHTS


Documents asserting individual rights:
1. The Magna Carta (1215)
- Literally means “Great Charter”
- Signed by the King John of England in 1215
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

- Comprises the right of the church to be free from governmental interference,


the rights of all citizens to own and inherit property and to be protected from
excessive taxes
- Established the right of widows who owned property to choose not to remarry
also the principle of due process and equality before the law
- Forbade bribery and official misconduct.
- provided the foundation for individual rights in Anglo-American jurisprudence.
2. Petition of Right (1628)
- Signed by King Charles I and initiated by Sir Edward Coke
- Has 4 principles:
1. No taxes may be imposed without the consent of Parliament (legislative
body of government);
2. No subject may be imprisoned without cause shown (reaffirmation of the
right of habeas corpus);
3. No soldiers may be quartered upon the citizenry; and
4. Martial law may not be used in time of peace.
3. United States Declaration of Independence (1776)
- Authored by Thomas Jefferson, approved by the US Congress on July 04,
1776
- It is a statement announcing that the thirteen American Colonies were no
longer a part of the British Empire
- 2 themes of the Declaration:
1. Individual rights
2. Right of revolution
4. The Constitution of the United States of America (1787) and the Bill of Rights
(1791)
Constitution of the United States of America
- The fundamental law of the US federal system of government and the
landmark document of the Western world.
- Oldest written national constitution in use
- Defines the principal organs of government and their jurisdictions and the
basic right of citizens
Bill of Rights
- The first ten amendments to the Constitution
- Limited the power of the federal government of the US and protecting the
rights of all citizens, residents and visitors in American territory.
- Protects freedom of speech, freedom of religion, the right to keep and bear
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

arms, the freedom of assessment and the freedom of petition


- Prohibits unreasonable searches and seizure, cruel and unusual punishment
and compelled self-incrimination
- Prohibits from depriving a person of his life, liberty and property without due
process of law
5. French Declaration of the Rights of Man and the Citizen (1789)
- Proclaims that all citizens are to be guaranteed the rights of “liberty, property,
security, and resistance to oppression”
- Sees “law” as an “expression of the general will,” intended to promote equality
of rights and to forbid “only actions harmful to the society”
6. The First Geneva Convention (1864)
- A conference attended by 16 European countries and several American
states
- Purpose was to adopt a convention for the treatment of wounded soldiers in
combat
- Provided for the obligation to extend care without discrimination to wounded
and sick military personnel and respect for and making of medical personnel
transports and equipment with the distinctive sign of the red cross on a white
background.
7. The United Nations
- Formed by 50 countries met in San Francisco to fashion an international body
to promote peace and prevent future wars
- October 24, 1945 – United Nations Day
8. The Universal Declaration on Human Rights
- Adopted by the United Nations on December 10, 1948
- ECOSOC (Economic and Social Council) was empowered to establish
“commissions in economic and social fields and for the promotion of human
rights” which brings about the United Nations Human Rights Commission
under the chairmanship of Eleanor Roosevelt.
- Delineated the 30 fundamental rights that form the basis for a democratic
society (read Universal Declaration of Human Rights)
- A living document that has been accepted as a contract between a
government and its people throughout the world.

30 Universal Human Rights


These rights must be respected at all times, anywhere in the world (thus, they are
universal):
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

1. All human beings are born free and equal in dignity and rights.
2. Everyone is entitled to rights and freedoms without distinction of any kind, such as
race, color, sex, language, religion, political affiliation or opinion, national or social
origin, property, birth or any other status.
3. Everyone has the right to life, liberty and security of person.
4. No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
6. Everyone has the right to recognition everywhere as a person before the law.
7. All are equal before the law and are entitled without any discrimination to equal
protection of the law.
8. Everyone has the right to an effective remedy by the competent national court for
acts violating the fundamental rights granted him by the constitution or by law.
9. No one shall be subjected to arbitrary arrest, detention or exile.
10. Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial court, in the determination of his rights and obligations and of any
criminal charge against him.
11. Everyone charged with a penal offense has the right to be presumed innocent until
proved guilty.
12. No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, or to attacks upon one’s honor and reputation.
13. Everyone has the right to freedom of movement and residence within the borders of
each State.
14. Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
15. Everyone has the right to a nationality.
16. Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to have a family.
17. Everyone has the right to own property alone as well as in association with others.
No one shall be arbitrarily deprived of his property.
18. Everyone has the right to freedom of thought, conscience and religion.
19. Everyone has the right to freedom of opinion and expression.
20. Everyone has the right to freedom of peaceful assembly and association. No one
may be compelled to belong to an association.
21. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives. The will of the people shall be the basis of
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UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

the authority of government.


22. Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and
cultural rights indispensable for his dignity and the free development of his
personality.
23. Everyone has the right to work, to free choice of employment, to just and favorable
conditions of work and to protection against unemployment.
24. Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
25. Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control. what are human rights
26. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
27. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
28. Everyone is entitled to a social and international order.
29. Everyone has duties to the community in which alone the free and full development
of his personality is possible. In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are determined by law solely for the
purpose of securing due recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order and the
general welfare in a democratic society.
30. No state, group or person must engage in any activity or perform any act aimed at
the destruction of any of the universally recognized rights and freedoms.

Please note that you are not limited to exclusively refer to this module. Thus, you
are expected to utilize other books, research articles and other resources that are
available in the university’s library e.g. ebrary, [Link] etc. and other
credible internet sources.

Self-Help: You can also refer to the sources below to help you further
understand the lesson:
62
 United for Human Rights (2008–2020). The Background of Human Rights. Retrieved
from [Link]
[Link]
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Let’s Check
Activity 1.1a. TRUE or FALSE. Write TRUE if the statements are correct and FALSE if they are
incorrect.

_________ 1. The United Nations is a convention participated by 16 European countries


and several American states that aims to adopt a convention for the treatment of
wounded soldiers in combat.
_________ 2. The Great Charter is translated as “Magnum Charta”
_________ 3. The Universal Declaration of Human Rights is recognized as the world’s first
charter of human rights.
_________ 4. It was Eleanor Roosevelt that authored the American Declaration of
Independence.
_________ 5. The two themes stressed by the United States Declaration of Independence
were individual rights and political rights.
_________ 6. It was on October 24, 1945 that the United Nations came into being
comprising 50 countries all over the world.
_________ 7. The Universal Declaration of Human Rights outlined the 30 fundamental
rights that form the basis for a democratic society.
_________ 8. The main principles laid down in the Geneva Convention provided for the
obligation to extend care without discrimination to wounded and sick military
personnel.
_________ 9. The US Bill of Rights was the first ten amendments to the US Constitution
that protected the rights of all citizens, residents and visitors in American
territory.
_________ 10. The United Nations Human Rights Commission was established under the
UN’s Economic and Social Council and under the Chairmanship of Eleanor
Roosevelt.

Activity 1.1b. Enumerate the different documents that asserted individual rights throughout the
world.

Let’s Analyze
Activity 1.2. Answer the following questions.

1. If Cyrus the Great had not set forth the Cyrus Cylinder to the Babylons, had he not freed
the slaves and declared that all people had the right to choose their own religion, do you
think we would still acquire our rights as humans at this present time? Explain your answer.
________________________________________________________________________
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

2. Explain the contribution of the United Nations on the promotion of human rights worldwide.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
3. In your view, how important is the acquisition of rights to every human being?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

In a Nutshell
MY TIMELINE. Studying the history of human rights is of importance in order to know where our
basic rights have originated and how it evolved from protecting not just our basic rights but also
our multifaceted rights. In this portion of the unit, you will be required to make a timeline of the
development of the protection of human rights from the creation of Cyrus Cylinder up to the
present.

The timeline must be presented in this manner:

DATE NAME OF THE LAW, RIGHTS BEING


CONVENTION OR SPECIFIED
DOCUMENT
Ex. 539 B.C. Cyrus Cylinder  Freedom of
slaves
 Right to choose
own religion

Note: You are not to solely refer your answers in the topics presented in the module. You are
encouraged to search for other important laws, conventions or documents that contributed to
the evolution and development of human rights.

62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
will help you in the review of concepts and essential knowledge

Do you have any question for clarification?

Questions/Issues Answers
1.

2.

3.

4.

5.

Big Picture in Focus: ULOb. Distinguish the different definitions


of human rights, its classifications and basic principles
Philippines;significance of Rizal’s novels
Metalanguage
In this section, the most essential concepts relevant to human rights and to
demonstrate these, ULOb will be operationally defined and discussed in the texts
present in this module to establish a common frame of reference in discussing the
definitions of human rights, also its classifications and basic principles. You will
encounter terms and concepts found in Chapter 2 of the textbook.
HUMAN RIGHTS – are a justified set of claims that set moral standards to
members of the human race, not exclusive to a specific community or citizenship.

62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to fully
understand the following essential knowledge that will be laid down in this module.

Human Rights:
 As a birthright – inherent in nature and without which we cannot live as
human beings.
 As defined by the Commission on Human Rights – those that are supreme,
inherent and inalienable rights to life, dignity and to self-development.
 As defined by the United Nations – those rights which are inherent in our
nature and without which, we cannot live as human beings

Classifications of Human Rights


 According to source:
1. Nature or Moral Rights – rights given by God, the acknowledged morally
good.
Example: Right to life
2. Legal Rights
2a. Constitutional Rights – guaranteed in the Bill of Rights of the Constitution
Example: Right against unreasonable searches and seizure, Right to
Bail
2b. Statutory Rights – rights promulgated by legislative
Example: Right to
 According to Aspect of Life:
1. Civil Rights – given to private individuals for the purpose of securing to them
the enjoyment of happiness. Guarantee people from abuses of the State’s
police power, eminent domain and power of taxation
Example: Right to a Name, Right to a Nationality, Right to Marry and
Build a Family, Right to Liberty and Security
2. Political Rights – enables humans to participate in running the affairs of the
government either directly or indirectly.
Example: Right to Vote, Right to Information on Matters of Public
Concern
3. Economic, Social and Cultural Rights – rights of people to seek
determination, to pursue economic, social and cultural development and
financial security

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UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Example: Right to Work, Right to Social Security, Right to Property, Right


to Education

Note: Civil and Political Rights are also called “negative rights” or “justifiable
rights” because the State is refrained from violating them. While Economic,
Social and Cultural Rights are called “positive rights” or “programmable
rights” since the State is expected to take effective measures to fulfill them.

 According to Derogability:
1. Non-Derogable or Absolute Rights – those that cannot be suspended nor
taken away nor restricted or limited even in extreme emergency and even if
government invoke national security
Example: Right to life – no matter what crime is committed
Right against Torture, Cruel, Inhuman and Degrading
Punishment – even if a state is in a state of war or threat of war
2. Derogable or Relative Rights – may be suspended or restricted or limited,
depending on circumstances
Example: Right to Vote – may be suspended if convicted of a crime
Freedom of Expression and Freedom of Assembly
 According to Generation
1. First generation rights – related to liberty and refer fundamentally to civil and
political rights
2. Second generation rights – related to equality, including economic, social
and cultural rights
3. Third generation or ‘solidarity rights’ – cover group and collective rights,
which include the right to development, the right to peace and the right to a
clean environment

State Obligations to Human Rights:


1. Obligation to RESPECT – abstain from doing anything that violates the integrity of
individual or limits his freedom.
2. Obligation to PROTECT – enforce measures necessary to prevent other individuals
or groups from violating the integrity, freedom of action, or the human rights of the
individual
3. Obligation to FULFILL – take measures to ensure for each person within its
jurisdiction opportunities to obtain satisfaction of those need which cannot be
secured by personal efforts.
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UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

*These are called “Tripartite Typology” by Henry Shue

Basic principles of Human Rights


 Fundamental – without human rights, a person’s life and dignity would be
worthless and meaningless
 Inalienable – cannot be taken away from any free human person
 Imprescriptible – rights are not lost by mere passage of time. It does not
prescribe even if it is failed to be used or prevented from asserting them.
(indivisible, interrelated)
 Universal – endowed to every human being from the moment of birth
irrespective of origin, sex, race, creed, political color, status or condition in life.
 Interdependent – enjoyment of a particular right cannot be attained without the
realization of the other rights.
 Equality – all human beings, male or female are equal.

Sources of Human Rights


International Bill of Human Rights
1. Universal Declaration of Human Rights (UDHR)
- Sets out fundamental human rights to be universally protected
2. International Covenant on Civil and Political Rights (ICCPR)
- enables people to enjoy a wide range of human rights, including those
relating to freedom from torture and other cruel, inhuman or degrading
treatment or punishment, fair trial rights, freedom of thought, religion and
expression, privacy, home and family life and equality and non-
discrimination
3. International Covenant on Economic, Social and Cultural Rights (ICESCR)
- ensures the enjoyment of economic, social and cultural rights, including the
rights to education, fair and just conditions of work, an adequate standard of
living, the highest attainable standard of health and social security
Subsequent International Human Rights Documents
1. International Covenant on the Elimination of All Forms of Racial Discrimination
(ICERD)
- eliminating racial discrimination in all its forms, including eradicating racial
hatred and incitement to hatred, combatting prejudices which lead to racial
discrimination and guaranteeing the enjoyment of civil, political, economic,
social and cultural rights without discrimination on grounds of race, colour, or

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national or ethnic origin


2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
- ensures women’s full enjoyment of human rights on an equal basis with
men, including eradicating stereotyped roles for women and men, ensuring
women’s equal participation in public life, equality before the law and
eliminating discrimination in employment
3. Convention on the Rights of the Child (CRC)
- protects the rights of children in all areas of their life, including their rights to
life, survival and development, freedom from violence, abuse and neglect,
express their views in matters affecting them, including in legal proceedings,
education and an adequate standard of living
4. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
of Punishment (CAT)
- prevent acts of torture in connection with activities that include returning,
expelling or extraditing someone to another country where there are real
grounds to believe he or she will face torture, arrest, detention and
imprisonment, interrogation and the training of police (civil or military),
medical staff, public officials and anyone else who may be involved in the
arrest, detention and questioning of a person
Relevant Human Rights Provisions of the 1987 Constitution
1. Bill of Rights – Art. III, Sections 1-22
2. Declaration of Principles and State Policies – Art. II, Sections 1-5 and 7,9, 23
3. Social Justice and Human Rights

3 Conditions to Justify the Suspension or Limitation of Human Rights


1. It is provided for by law which is made known to every citizen.
2. There is a state emergency which necessitates the urgent preservation of the public
good, public safety and public morals.
3. It does not exceed what is strictly necessary to achieve its purpose.

Rights Set Forth in our 1987 Philippine Constitution


ARTICLE III - BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.

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Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable


except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of


the press, or the right of the people peaceably to assemble and petition the government
for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting


the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test
shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by
law shall not be impaired except upon lawful order of the court. Neither shall the right to
travel be impaired except in the interest of national security, public safety, or public
health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as
may be provided by law.

Section 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law shall
not be abridged.
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Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal
assistance shall not be denied to any person by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices, and
their families.

Section 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due
process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
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process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in
cases of invasion or rebellion when the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and
aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling
reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any


prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same
offense. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

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Again, please note that you are not limited to exclusively refer to this module.
Thus, you are expected to utilize other books, research articles and other resources.

Self-Help: You can also refer to the sources below to help you further
understand the lesson:
 Human Rights Concepts, Ideas and Fora. Retrieved from
[Link]
ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-classifications

Let’s Check
Activity 2.1a. Classify the enumerated rights by writing the corresponding letter of each correct
answer on the space provided before each number.
C - Civil Rights
P - Political Rights
E - Economic, Social and Cultural Rights

______ 1. Right to Suffrage ______ 11. Right to Work


______ 2. Right to Marry ______ 12. Right to Adequate Wages
______ 3. Right to Hold Public Office ______ 13. Right to Get Elected
______ 4. Right to Oppose the Government ______ 14. Right to Life
______ 5. Right to Family Life ______ 15. Right to Fixed Hours of Work
______ 6. Right to Religious Freedom ______ 16. Right to Personal Freedom
______ 7. Right to Social Security ______ 17. Freedom of Press
______ 8. Right to Form Political Parties ______ 18. Right to Rest and Leisure
______ 9. Right to Equality ______ 19. Right to Health
______ 10. Right to Justice ______ 20. Right to Housing

Activity 2.1b. Fill in the Blanks. Write your answers on the space provided before each number.
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_____________ 1. It defined human rights as rights which are inherent in nature and we cannot live
as human beings without these rights.
_____________ 2. It is that principle stressing that human rights remain on a person even if he fails
to assert such rights.
_____________ 3. It is the obligation of the state and its agents to take necessary measures in
preventing other individuals from violating another individuals’ human rights.
_____________ 4. Defined as those rights that are supreme, inherent and inalienable rights to life,
dignity and self-development.
_____________ 5. These are rights guaranteed in the Constitution’s Bill of Rights.
_____________ 6. Rights that can be suspended or restricted or limited depending or circumstances.
_____________ 7. These are God given rights.
_____________ 8. A principle stating that human rights cannot be taken away from any free human
person.
_____________ 9. What do you call those rights which enable a person to participate directly or
indirectly in running the affairs of the government?
_____________ 10. This is also called positive or programmable rights.

Let’s Analyze
Activity 1.2. Answer the following questions.

1. Can an individual’s rights be limited, suspended or restricted? Provide an explanation for


your answer.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Choose one Non-Derogable Right granted to an individual that you think can be a
Derogable Right. Explain your choice.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

In a Nutshell
MY RIGHTS. As a human being, it is essential that we know our own rights so that we can’t

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become victims of any unjust, inhumane and inappropriate exploitation of our basic human
rights. In this portion of the unit, you will be required to choose one Article in the Bill of Rights of
the 1987 Philippine Constitution which contains one right which you like best. You are not
obliged to memorize the Article in verbatim (word for word), it is enough that you can convey
correctly the specific right. You are also required to provide an example of that right and site a
case which has violated your chosen right.

The Course Coordinator shall set at least a day to for you to present your view. You will be
given a maximum of 5 minutes for your presentation. You are allowed to use any application
that is convenient for you such as Video Call of Messenger or through the Zoom app.

Note: The schedule of the presentation will be posted through the Facebook or Facebook
Messenger. For students who cannot access the said platforms, they will be given alternative yet
related activity to accomplish which does not require an internet connection.

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
will help you in the review of concepts and essential knowledge

Do you have any question for clarification?

Questions/Issues Answers
6.

7.

8.

9.

10.

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Big Picture

Week 4-6: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Explain the importance of human rights to law enforcement and the use of Rights-
Based Policing;
b. Discuss the salient provisions of Republic Act 9851 other pertinent laws that prevent
violations of human rights.

Big Picture in Focus: ULOa. Explain the importance of human


rights to law enforcement and the use of Rights-Based Policing.
Philippines;significance of Rizal’s novels
Metalanguage
In this section, the most essential concepts relevant to law enforcement will be
discussed and to demonstrate these, ULOa will be operationally defined and
discussed in the texts present in the module to establish a common frame of reference
in discussing the importance of human rights in law enforcement. You will encounter
terms and concepts as we go through the study of The Foundation of Human Rights
Principles and Classifications found in this module.
PROFESSIONALISM – a set of internalized character strengths and values, high
quality service to others, show of self-respect, commitment to excellence, adherence to
high standard of behavior, see work as a service to others, high level of responsibility
and respect to others rights.
RIGHTS-BASED POLICING - the comprehensive, systematic, and institutional
compliance with international human rights standards and practices in the conduct of
police or law enforcement functions. It is also an approach to policing that defines the
relationship between individual citizens and various groups or sectors of society as
claim holders whose rights have to be respected and protected by the police and the
Police as duty holders that have obligations to respect, protect and fulfill human rights.

Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to fully
understand the following essential knowledge that will be laid down in the succeeding
pages of this module.

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Why must the PNP promote and protect human rights?


- because this task lies at the very core of maintaining peace and order, ensuring
public safety, and upholding the rule of law in the country
- “Human Rights Protection” is the First Business of Policing.

What are the effects of human rights abuses and ill-treatment?


According to the 1997 Human Rights and Law Enforcement Training Manual published
by the United Nations High Commissioner on Human Rights, cases of human rights
abuses and ill-treatment:
a. adversely affect public trust and confidence towards the police;
b. leads to isolation of the police from the community and civil unrest;
c. hampers effective prosecution of criminals;
d. let those who are guilty remain free while making the innocent unjustly suffer;
e. delays or denies justice to be given to victims of the crime and their families;
f. subjects the police and other government agencies to local and international
criticism and possible sanctions; and
g. makes the law enforcer a law breaker.

Eight articles of the U.N. Code of Conduct for Law Enforcement Officials
1. Always perform duties under the law.
2. Respect and safeguard human rights.
3. Use force only when strictly necessary.
4. Respect confidentiality.
5. Never inflict any act of torture or ill-treatment.
6. Safeguard the health of all those in custody.
7. Never commit any act of corruption.
8. Respect the law and this Code

PNP Doctrine, Policies, and Issuances on Human Rights


 The PNP Ethical Doctrine
- states that “all members of the Philippine National Police… shall serve with
utmost responsibility, integrity, morality, loyalty, and efficiency with due
respect to human rights and dignity as hallmarks of a democratic society”
(PNP Ethical Doctrine Manual, Chapter I, Section 2, DHRDD 1995 Edition)
 The PNP Code of Professional Conduct and Ethical Standards
- expressly cites respect for human rights as a high standard that must be
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maintained during the performance of police duties (Chapter III, para 2.9)
 Letter of Instructions 55/07 (LOI Pamana)
- states that “members of the Philippine National Police shall embrace the
highest principles of the Universal Declaration of Human Rights”. It also
emphasizes that respect for human rights and dignity shall apply to everyone
including all members of the police service, regardless of education, gender,
religion, political beliefs and all other types of status
 PNP Core Values
- seek to instill in all PNP personnel a godly (Makadiyos) and humane
(Makatao) thoughts and behavior in both their official and private life which
entails having a genuine understanding and respect for human rights.

PNP 3 Levels of Human Rights Obligations


1. To RESPECT human rights – refraining from interfering with the enjoyment of
people’s rights.
2. To PROTECT human rights – to implement laws that provide equal protection to
all persons from human rights violations by state authorities or by non-state
actors.
3. To FULFILL human rights – act of establishing institutions and implementing
systems, mechanisms or procedures that enable people to claim and enjoy their
rights.

10 Basic International Human Rights Standards for Law Enforcement


Standard 1 – Equal Protection
- without discrimination on any grounds, and especially against violence and
other threats
- be especially vigilant to protect potentially vulnerable groups such as children,
the elderly, women, refugees, displaced persons, and members of minority
groups.
Suggested Action Items:
- Helping people know and understand their rights as the best way to
improve their access to justice and equal protection of the law
- Police service must be non-selective
- Train police personnel in communication and empathy skills especially
geared towards addressing concerns of women, children, the elderly,
and other vulnerable sectors.
Standard 2 – Respectful Treatment
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- treat all citizens and victims of crime with compassion and respect, with
utmost consideration for their need for safety and privacy
- consider all arrested persons and detainees as innocent and have the right to
due process
Suggested Action Items:
- allocate a well-secured room where the detainee can privately speak
with his/her lawyers and family
- explore possible joint projects with the local government unit, NGOs,
and other local/foreign donor organizations specifically on improving
detention facilities or lock-up cells
- designate a liaison officer who shall be responsible for coordinating
with the Office of the Prosecutor and the Court for the speedy release
of commitment orders
- use a more commanding yet professional language to obtain
compliance or control over persons who are uncooperative or
disorderly
- respect the need for confidentiality especially among minors and
female victims of crime
- never parade suspects before the media
Standard 3 – Use of Force
- do not use force except when strictly necessary and to the minimum extent
required under the circumstances
Suggested Action Item:
- Re-orient police personnel about the Use of Force Doctrine or Use of
Force continuum with emphasis on the use of lethal force only as a last
resort.
 Standard 4 – Policing Non-violent Assemblies
- avoid using force when policing unlawful but non-violent assemblies
- when dispersing violent assemblies, use force only to the minimum extent
necessary.
Suggested Action Items:
- open dialogue would help the police establish “ground rules” and
communication lines with protest leaders/organizers which are
necessary to prevent miscommunication and possible outbreak of
violence
- deploy properly trained and equipped female CDM personnel as front
liners
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- only target fleshy parts of the body such as the arms, torso, legs, and
thighs when using batons or truncheons
- ensure that appropriate fire hoses are used to avoid excessive water
pressure that may cause serious to permanent injury when fire trucks
are used
 Standard 5 – Use of Lethal Force
- should not be used except when strictly unavoidable in order to protect your
life or the lives of others
Suggested Action Items:
- conduct regular firearms proficiency training and testing for all police
personnel.
- conduct re-training of police personnel in the use of non-lethal force
and tactics in effecting arrests
- orient police personnel on principles of stress and anger management
 Standard 6 – Arresting Persons on Legal Grounds
- only arrest persons if there are legal grounds to do so and be carried out in
accordance with lawful arrest procedures
Suggested Action Items:
- police personnel must carry and use Miranda Warning Cards in
informing persons arrested, detained or under investigation about their
rights under the law.
- take extra care to ensure the safety of the arrested person/s during
transport from the crime scene to the police station
- personal properties of the detained/arrested person must be properly
inventoried, documented, and kept in a secure location inside the
police station or designated storage area
 Standard 7 – Detainee’s Rights
- Ensure that all detainees, immediately after their arrest, have access to their
family and lawyer and must also be given immediate medical assistance
whenever necessary
Suggested Action Items:
- maintain a manually written and/or computerized Database of
Detainees or Persons Under Police Custody
- coordinate with the local chapter of the Integrated Bar of the
Philippines (IBP) and/ or NGOs that provide free legal assistance to
assist detainees who cannot afford to hire a lawyer
- ensure that duty personnel have contact details of nearby hospitals and
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clinics in case persons arrested, detained and those under


investigation require emergency medical care.
 Standard 8 – Humane Treatment of Detainees
- under any circumstances, do not inflict, instigate, nor tolerate any act of
torture or ill-treatment to detainees, and refuse to obey any order to do so
Suggested Action Items:
- undertake physical improvements to ensure that detention facilities are
well-ventilated and well-lighted
- maintenance of separate male and female custodial facilities
 Standard 9 – Refusal to Obey Unjust Orders
- do not carry out, order, or cover-up extra-legal killings or enforced
disappearance, and refuse to obey any order to do so.
Suggested Action Items:
- ensure that all police operations include pre-deployment briefing and
post-operation assessment debriefing
- when in doubt about a specific order, seek clarification and guidance
from the direct superior or from higher headquarters
 Standard 10 – Reporting Violations
- report all violations of these standards to senior officer and to the nearest
Prosecutor’s Office
- ensure steps are taken to investigate violations of these standards.
Suggested Action Items:
- maintain copies of mission orders, memoranda, notes, and other
official documents related to police operations involving your
participation
- follow prescribed procedures for reporting violations of police policies
and procedures

Rights-Based Policing
- comprehensive, systematic, and institutional compliance with international
human rights standards and practices in the conduct of police or law
enforcement functions
 Claim-Holders – “citizens”, whose rights must be respected and protected by the
police.
 Duty-Holders – “police officers”, with obligations to respect, protect and fulfill
human rights.

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Gross Human Rights Violations (HRVs)


1. Enforced Disappearances (ED) – concealed whereabout of people who have been
taken into custody by agents of the State and whose custody is denied
2. Extra-Judicial Killings (EJK) – unlawful and deliberate killings, carried out by order of
a government or with its complicity (accomplice) or acquiescence (acceptance)
3. Torture – extreme/severe pain through physical or psychological means to elicit
information, etc.

Again, please note that you are not limited to exclusively refer to this module.
Thus, you are expected to utilize other books, research articles and other resources.

Self-Help: You can also refer to the sources below to help you further
understand the lesson:
 PNP Guidebook on Human Rights-Based Policing. Retrieved from
[Link]
[Link]

Let’s Check
Activity 3.1. TWO TRUTHS AND A LIE. Each item will have three choices. Pick the letter of the
answer which you think is a lie among the three choices. Write your answers on the space
provided before each number.

____________ 1.
a. Extra-Judicial Killing is the unlawful killing with the acquiescence of the government.
b. Torture is the infliction of physical pain to acquire information.
c. Enforced Disappearances is the taking of person into custody and denying him
proper treatment.
____________ 2.
a. All detainees must not be deprived of access to their family and lawyer.
b. Personnel must not carry out orders of enforced disappearances.
c. Persons can be arrested even if there are no legal grounds to do so.
____________ 3.
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a. Fire trucks must not be used during non-violent assemblies to avoid serious to
permanent injury.
b. During non-violent assemblies, open dialogue must be done with protest leaders to
help the police establish “ground rules” and communication lines.
c. Female CDM personnel who are properly trained and equipped must be deployed
as front liners during non-violent assemblies.
____________ 4.
a. Citizens are Claim-Holders whose rights must be protected by the police.
b. States are Rights-Holders who protects the rights of its citizens.
c. Police are Duty-Holders with the obligation to protect, fulfill and respect human
rights.
____________ 5.
a. To RESPECT human rights means interfering with the enjoyment of people’s rights.
b. To PROTECT human rights means to implement laws that provide equal protection
to all persons from human rights violations by state authorities or by non-state
actors.
c. To FULFILL human rights means act of establishing institutions and implementing
systems, mechanisms or procedures that enable people to claim and enjoy their
rights.
____________ 6.
a. Allocating a well-secured room where the detainee can privately speak with his
lawyers and family is a considered a respectful treatment.
b. Designate a liaison officer who shall be responsible for coordinating with the Office
of the Prosecutor and the Court for the speedy release of commitment orders is
considered a respectful treatment.
c. Using a more commanding and unprofessional language to obtain compliance or
control over persons who are uncooperative is considered a respectful treatment.
____________ 7.
a. Equal Protection is discriminating no one on any grounds, and especially against
violence and other threats.
b. Use of Lethal Force should not be used only when your property is in imminent
danger.
c. Humane Treatment of Detainees is not inflicting nor tolerating any act of torture or
ill-treatment to detainees under any circumstances.
____________ 8.
a. Use force only when ordered by superior.
b. Respect and safeguard human rights.
c. Never commit any act of corruption.
____________ 9.
a. Human rights abuse can adversely affect the trust and confidence of the state.
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b. Human rights abuse delays or denies justice to be given to victims of the crime and
their families.
c. Human rights abuse subjects the police and other government agencies to local and
international criticism and possible sanctions
____________ 10.
a. Equal Protection means to not inflict, instigate, nor tolerate any act of torture or ill-
treatment to detainees.
b. Equal Protection means without discrimination on any grounds, and especially
against violence and other threats.
c. Equal protection means to be especially vigilant in protecting potentially vulnerable
groups such as children, the elderly, women, refugees, displaced persons, and
members of minority groups.

Let’s Analyze
Activity 3.2. Answer the following questions.

1. Do you think human rights can be protected even without the presence of our law
enforcement? How important is law enforcement in the protection of human rights?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. What is Human Rights-Based Policing?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

3. Do you think that the implementation of a rights-based policing system in the Philippines
has contributed to the welfare of the state and its citizens? Explain your answer.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

4. Why must the police protect human rights? How does protecting human rights benefit
them?
________________________________________________________________________
________________________________________________________________________
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________________________________________________________________________
________________________________________________________________________

In a Nutshell
MY TAKE OF ANALYSIS. The promotion and protection of human rights is a very important
role that must be played by the law enforcement pillar of criminal justice in the Philippines.
Especially during this Covid-19 pandemic, the need for them is at its peak to protect and prevent
any violations of the law promulgated by the government during this pandemic. However, these
frontliners have been involved in several cases that includes issues of human rights. In this
portion of the unit, you are required to do an analysis of the most famous cases that happened
since the lockdown started in the country involving law enforcement officers.

The cases are provided along with the link that contains the article of the said cases. Your
Course Coordinator shall be the one to pick the case that you have to analyze and shall provide
you a format for the Case Analysis to be sent in your Gmail or Facebook accounts.

Philippine Children Face Abuse for Violating COVID-19 Curfew


[Link]

Man shot dead in Philippines for flouting coronavirus rules


[Link]
[Link]

'Prejudgment, differing testimonies': 'Self-defense' remark over Ragos slay worries Philippine
Army
[Link]
philippine-army

Taguig condo tenants decry police ‘presence’


[Link]
presence

PNP probes scuffle in Makati village


[Link]

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
will help you in the review of concepts and essential knowledge

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____________________________________________________________________________________

Do you have any question for clarification?

Questions/Issues Answers
11.

12.

13.

14.

15.

Big Picture in Focus: ULOb. Discuss the salient provisions of


Republic Act #9851 and other pertinent laws that prevent
violations of human rights
Metalanguage
In this section, the most essential concepts relevant to laws advocating the
protection of human rights will be discussed and to demonstrate the concept, ULOb will
be operationally defined and discussed in the texts present in the module to establish a
common frame of reference in discussing the importance of these laws in the prevention
of violations against the rights of humans. You will encounter terms and concepts as we
go through the study of laws in relation to human rights in this module.
REPUBLIC ACT NUMBER 9851 – otherwise known as the “Philippine Act on
Crimes Against International Humanitarian Law and Genocide and Other Crimes
Against Humanity” which mandates both state and non-state armed groups to observe
international humanitarian law standards, giving victims of war crimes, genocide and
crimes against humanity legal remedy.

Essential Knowledge
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To perform the aforesaid big picture (unit learning outcomes), you need to fully
understand the following essential knowledge that will be laid down in the succeeding
pages of this module.

Constitutional and Legal Bases of Human Rights Protection


 1987 Philippine Constitution Article 2, Section 2
- Philippines adopting generally accepted principles of international law as part
of the law of the land, adheres to international human rights laws and
conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the
Convention Against Torture (CAT) and Other Cruel, Inhuman or Degrading
Treatment or Punishment which imposes on each State party the obligation to
enact domestic legislation to give effect to the rights recognized therein and to
ensure that any person whose rights or freedoms have been violated shall
have an effective remedy, even if the violation is committed by persons acting
in an official capacity
 1987 Philippine Constitution Article 2, Section 4-5
- The Government exists to maintain peace and order, and protect life, liberty
and property, as well as promote the general welfare of the people.
 1987 Philippine Constitution Article 2, Sections 10-11
- The State is responsible for promoting social justice and recognizes the
value of human dignity and respect for human rights
 1987 Philippine Constitution Article 2, Section 22
- The State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development
 1987 Philippine Constitution Article 3, Section 22
- The State recognizes, promotes, and protects the rights of all citizens as
defined in the Bill of Rights.
 1987 Philippine Constitution Article 3, Section 12
- prohibits the use of torture, force, violence, threat, intimidation, or any other
means which vitiate the free will and mandates the compensation and
rehabilitation of victims of torture or similar practices and their families
 1987 Philippine Constitution Article I3, Section 1
- Congress shall give highest priority to the enactment of measures that protect
and enhance the rights of all the people to human dignity, reduce social,
economic, and political inequalities, and remove cultural inequities by

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equitably diffusing wealth and political power for the common good
 1987 Philippine Constitution Article 15, Section 3
- The State shall defend the right of children to assistance, including proper
care and nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation and other conditions prejudicial to their development.

Republic Act No. 9851


- the “Philippine Act on Crimes Against International Humanitarian Law and
Genocide and Other Crimes Against Humanity”
- signed into law on 11 December 2009

Definition of Terms under RA 9851


 Apartheid
- inhumane acts committed in the context of an institutionalized regime of
systematic oppression and domination by one racial group and committed
with the intention of maintaining that regime
 Arbitrary deportation or forcible transfer of population
- forced displacement of the persons concerned by expulsion or other coercive acts
from the area in which they are lawfully present, without grounds permitted under
domestic or international law.
 Armed conflict
- any use of force or armed violence between States or a protracted armed violence
between governmental authorities and organized armed groups or between such
groups within that State
o International - between two (2) or more States, including belligerent occupation
o Non-international - between governmental authorities and organized armed
groups or between such groups within a state (does not cover internal
disturbances or tensions such as riots, isolated and sporadic acts of violence or
other acts of a similar nature)
 Enforced or involuntary disappearance of persons
- the arrest, detention, or abduction of persons by, or with the authorization support
or acquiescence of, a State or a political organization followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or
whereabouts of those persons, with the intention of removing from the protection of
the law for a prolonged period of time
 Enslavement
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- the exercise of any or all of the powers attaching to the right of ownership over a
person and includes the exercise of such power in the course of trafficking in
persons, in particular women and children.
 Extermination
- the international infliction of conditions of life, inter alia, the deprivation of access to
food and medicine, calculated to bring about the destruction of a part of a
population.
 Forced pregnancy
- the unlawful confinement of a women to be forcibly made pregnant, with the intent
of affecting the ethnic composition of any population carrying out other grave
violations of international law.
 Hors de Combat
- a person who:
a. is in the power of an adverse party;
b. has clearly expressed an intention to surrender; or
c. has been rendered unconscious or otherwise incapacitated by wounds or
sickness and therefore is incapable of defending himself and does not attempt
to escape.
 Military necessity
- the necessity of employing measures which are indispensable to achieve a
legitimate aim of the conflict and are not otherwise prohibited by International
Humanitarian Law
 No quarter will be given
- refusing to spare the life of anybody, even of persons manifestly unable to defend
themselves or who clearly express their intention to surrender.
 Perfidy
- acts which invite the confidence of an adversary to lead him/her to believe he/she is
entitled to, or is obliged to accord, protection under the rules of International
Humanitarian Law, with the intent to betray that confidence, including but not limited
to:
a. feigning an intent to negotiate under a flag of truce;
b. feigning surrender;
c. feigning incapacitation by wounds or sickness;
d. feigning civilian or noncombatant status; and
e. feigning protective status by use of signs, emblems or uniforms of the United
Nations or of a neutral or other State not party to the conflict.

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 Persecution
- the international and severe deprivation of fundamental rights contrary to
international law by reason of identity of the group or collectivity.
 Works and installations containing dangerous forces
- works and installations the attack of which may cause the release of dangerous
forces and consequent severe losses among the civilian population, namely: dams,
dikes, and nuclear, electrical generation stations.

Salient Provisions of RA 9851


1. International law as part of the domestic law
- The Philippines adopts the generally accepted principles of international
law as part of the law of the country
- This includes the Hague Conventions of 1907, the Geneva Conventions
and international humanitarian law
2. Universal jurisdiction of the crime
- Regional Trial Court – shall have the original and exclusive jurisdiction
over persons who commits international crimes punishable under this law
- Whether military or civilian suspected or accused of such crimes
3. Non-prescription of the offense
- All crimes committed under this law, their prosecution, and the execution
of sentences imposed on their account shall not prescribe (not expire)
4. Liability of non-state actors
- Armed threat groups in the country like the MILF, MNLF and ASG may
also be held individually criminally liable for grave breaches of the
Geneva Conventions and of Additional Protocol I (applies to the
protection of victims of international armed conflicts) and for other serious
violations of International Humanitarian Law in non-international armed
conflicts
5. War crimes or crimes against International Humanitarian Law
War crimes – any of the following acts committed against persons taking
no active part in the hostilities, including members of the armed forces
who have laid down their arms and those placed hors de combat (out of
action due to injury or damage) by sickness, wounds, detention or any
other cause:
a. Violence to life and person – willful killings, mutilation, cruel
treatment and torture
b. Committing outrages upon personal dignity – humiliating and
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degrading punishment
c. Meting out of sentences and carrying out executions without
previous judgment pronounced by a regularly constituted court
Other serious violations:
a. Intentionally directing attacks against the civilian population or against
individual civilians not taking direct part in hostilities.
b. Intentionally directing attacks against civilian objects which are not
military objectives.
c. Intentionally directing attacks against building, materials, medical units
and transport, and personnel using the distinctive emblems of the
Geneva Conventions or Additional Protocol III (protective sign of the
Red Crystal may be displayed by medical and religious personnel at
times of war)
d. Launching an attack in the knowledge that such attack will cause
incidental loss of life or injury to civilians or damage to civilian objects
and to the natural environment
e. Launching an attack against works or installations containing
dangerous forces in the knowledge that such attack will cause
excessive loss of life, injury to civilians or damage to civilian objects
and death
f. Attacking or bombarding towns, villages, dwellings or buildings which
are undefended and are not military objectives
g. Killing or wounding a person in the knowledge that he is hors de
combat including a combatant who has surrendered at his discretion
h. Making improper use of a flag of truce, of the flag or the military
insignia and uniform of the enemy or of the United Nations as well as
distinctive emblems of the Geneva Conventions or other protective
signs under international humanitarian law resulting in death, serious
personal injury or capture
i. Intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historic monuments,
hospitals and places where the sick and wounded are collected
j. Subjecting persons who are in the power of an adverse party to
physical mutilation or to medical or scientific experiment, removal of
tissue or organs for transplantation which cause death to or seriously
endanger the health of such persons
k. Killing, wounding or capturing an adversary by resort to treachery
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l. Declaring the no quarters(mercy) will be given


m. Pillaging a town or place, even when taken by assault
n. Ordering the displacement of the civilian population for reasons
related to the conflict
o. Committing outrages upon personal dignity – humiliating and
degrading treatments
p. Committing rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form of sexual violence
q. Utilizing the presence of a civilian or other protected person to render
certain points, areas or military forces immune from military operations
r. Committing any of the following acts:
a. Conscripting, enlisting or recruiting children under the age of 15
years into the national armed forces;
b. Conscripting, enlisting or recruiting children under the age of 18
years into an armed force or group other than the national armed
forces; and
c. Using children under the age of 18 years to participate actively in
hostilities.
6. Genocide
Genocide – any of the following acts with intent to destroy, in whole or in
part, a national, ethnic, racial, religious, social or any other similar stable
and permanent group such as:
a. Killing members of the group;
b. Causing serious bodily or mental harm to members of the group;
c. Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
d. Imposing measures intended to prevent births within the group; and
e. Forcibly transferring children of the group to another group.
7. Other Crimes Against Humanity
Other Crimes Against Humanity – any of the following acts when
committed as part of a widespread or systematic attack directed against
any civilian population, with knowledge of the attack:
a. Willful killing;
b. Extermination;
c. Enslavement;
d. Arbitrary deportation or forcible transfer of population;
e. Imprisonment or other severe deprivation of physical liberty in
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____________________________________________________________________________________

violation of fundamental rules of international law;


f. Torture
g. Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
h. Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender sexual orientation or
other grounds that are universally recognized as impermissible in
connection with any act under this law;
i. Enforced or involuntary disappearance of persons;
j. Apartheid;
k. Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.

REPUBLIC ACT NO. 10368


- known as the “Human Rights Victims Reparation and Recognition Act of
2013”
- it recognizes and/or provide reparation to victims of summary execution,
torture, enforced or involuntary disappearance and other gross human rights
violations committed during the regime of former President Ferdinand E.
Marcos covering the period from September 21, 1972 to February 25, 1986,
and their families for the deaths, injuries, sufferings, deprivations and
damages they suffered.

Again, please note that you are not limited to exclusively refer to the textbook.
Thus, you are expected to utilize other books, research articles and other resources.

Self-Help: You can also refer to the sources below to help you further
understand the lesson:
 Republic Act No. 9851. Retrieved from
[Link]
[Link]

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Let’s Check
Activity 4.1. Multiple Choice. Choose the letter of the correct answer and write your answer on
the space provided before each number.
___________ 1. Genocide means:
a. The act of destroying in whole an ethnic or racial group.
b. The act of destroying in part a national or religious permanent group.
c. Both a and b.
d. None of the answers are correct.
___________ 2. Genocide can be committed through the following acts, EXCEPT:
a. Killing the members of a group.
b. Causing serious bodily harm to the members of a group.
c. Imposing measures prevent births within a group.
d. Forcibly giving birth to children who is not a member of a group.
___________ 3. This is also known as the “Human Rights Victims Reparation and Recognition
Act of 2013”
a. RA 10368 c. RA 10575
b. RA 9851 d. RA 6975
___________ 4. This refers to the act of taking a person into custody against his will by
persons acting in an official capacity.
a. Arrest c. Detention
b. Enslavement d. Human Rights Violation
___________ 5. What is that act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on any person under the custody of persons acting in an official
capacity?
a. Punishment c. Torture
b. Enslavement d. Apartheid
___________ 6. The international infliction of conditions of life, inter alia, the deprivation of access
to food and medicine, calculated to bring about the destruction of a part of a population.
a. Enslavement c. Extermination
b. Apartheid d. Enforced Disappearances
___________ 7. When a person who takes no active part in hostilities is killed or seriously
injured, the crime committed is?
a. Other Crimes Against Humanity c. Genocide
b. War Crimes d. Persecution
___________ 8. All person who shall commit international crimes punishable under Republic
Act No. 9851 shall be prosecuted under the original and exclusive jurisdiction of?
a. Regional Trial Court c. Municipal Trial Court
b. International Court of Justice d. Supreme Court
___________ 9. Which of the following is not true about the provisions of RA 9851?
a. The Philippines adopts the generally accepted principles of international law as part
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____________________________________________________________________________________

of the law of the country.


b. The Regional Trial Court shall have exclusive and original jurisdiction over crimes
committed under the Revised Penal Code.
c. The prosecution and execution of sentences imposed on the crimes committed
under the law shall not prescribe.
d. The MILF, MNLF and ASG may also be held individually criminally liable for grave
breaches of the International Humanitarian Law
___________ 10. Which of the following is not a crime?
a. Enlisting Gino who is 14 years old into the national armed forces.
b. Enlisting Tino who is 17 years old into an armed force which is not an armed force
of the state.
c. Using Lino who is 19 years old to participate in hostilities actively.
d. Using Nino who is 17 years old to participate in the national armed forces.
___________ 11. A person who is considered Hors de Combat is any of the following,
EXCEPT:
a. In the power of an adverse party.
b. Has clearly expressed an intention to surrender.
c. Has been rendered incapacitated by wounds or sickness and therefore is incapable
of defending himself and does not attempt to escape.
d. None of these
___________ 12. When a war happens between the United States and China, such armed
conflict is classified as
a. International Armed Conflict c. Non-International Armed Conflict
b. National Armed Conflict d. State Armed Conflict
___________ 13. When a person feigns surrender and this invites the confidence of an enemy
to believe that he is entitled to protection under the rules of International Humanitarian Law, with
the intent to betray that confidence, he is committing?
a. Apartheid c. Enslavement
b. Perfidy d. Persecution
___________ 14. “No quarter will be given” means
a. Willing to give mercy. c. Refusing to spare a life.
b. Giving full respect to life. d. Refusing to give full authorization to kill.
___________ 15. Which of the following is not punishable under Republic Act No. 9851?
a. Crimes Against the International Humanitarian Law
b. Crimes Against the Rules War
c. Crimes Against Humanity
d. Genocide

Let’s Analyze
Activity 4.2. Answer the following questions.
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1. Explain how an international law becomes a part of our Philippine law.


_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2. Is the adoption of the Geneva Convention and its Additional Protocols has helped the
Philippines in addressing its problems in relation to the violation of human rights in the
country?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3. What do you think is the benefit of Republic Act No. 10368 to the victims of Martial Law
during the time of Marcos?
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

In a Nutshell
MY ARTICLE. It is known that Republic Act 9851 and Republic Act 10368 are laws that protect
human rights and prohibit gross violations of human rights in the Philippines. In this portion of
the unit, you will be asked to utilize your internet connections. You are required to search any
kind of article that contains violations of Ra 9851 and RA 10368 that you think has jeopardized
the rights accorded to every Filipinos.

The article must come from reliable sources in the internet. This must be handwritten. At the last
page of the article however, you must give your own opinion whether you personally think that it
is a violation of the laws or not. Explain your view.

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
will help you in the review of concepts and essential knowledge
62
UM BANSALAN COLLEGE
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R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Do you have any question for clarification?

Questions/Issues Answers
16.

17.

18.

19.

20.

Big Picture

Week 6-9: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Define International Humanitarian Law, its principles, kinds and explain its importance in the
Philippine legal system;
b. Discuss the legal remedies afforded to victims of Gross Human Rights Volations and the
limitations on means and methods of warfare.

Big Picture in Focus: ULOa. Define International Humanitarian


Law, its principles, kinds and explain its importance in the
Philippine legal system. Philippines;significance of Rizal’s
Metalanguage
In this section, you will be introduced to the most essential concepts relevant to
International Humanitarian Law and to demonstrate ULOa , terms will be operationally
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____________________________________________________________________________________

defined and discussed in the texts present in the textbook to establish a common frame
of reference in discussing the importance of International Humanitarian Law in the
Philippine legal context. You will encounter terms and concepts as we go through the
study of International Humanitarian Law found in this module.
INTERNATIONAL HUMANITARIAN LAW – the law of armed conflict or the law
of war: a body of rules which in wartime protect persons who are not or no longer
participating in the hostilities and which limit methods and means of warfare to make
war the least inhumane possible

Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to fully
understand the following essential knowledge that will be laid down in the succeeding
pages of this module.

INTERNATIONAL HUMANITARIAN LAW (IHL)


- also known as the law of armed conflict (LOAC) or the laws of war
- that branch of public international law that seeks to moderate the conduct of armed
conflict and to mitigate the suffering that it causes
- applies only in times of armed conflict, placing legal obligations on all warring
parties
- designed to put limits on the way belligerents conduct warfare
- contains limitations and prohibitions based on the fundamental norm of distinction
between combatants and civilians, where only the former can be lawfully targeted
- also aims at protecting certain categories of persons who do not, or no longer, take
part in hostilities such as prisoners of war and civilians, and provide for the special
protections of certain persons and objects, such as medical personnel, hospitals,
cultural objects (e.g., mosques, churches) and objects essential to the survival of
the civilian population (e.g., crops, water sources).
- used to refer to all of the rules of international law that concern armed conflict –
whether customary, conventional, Hague or Geneva

Fundamental Principles of International Humanitarian Law


1. Principle of Distinction
- Parties to the conflict shall at all times distinguish between the civilian population
and combatants, between civilian objects and military objectives and, accordingly,
shall direct their operations only against military objectives

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 Civilian Objects – all objects that are not military objectives and are protected against
attack, unless and for such time as they are military objectives
Example: houses, schools, churches, farms, commercial buildings, public transport
 Military Objectives – limited to those objects which, by nature, location, purpose or use,
make for an effective contribution to military action and whose destruction, capture or
neutralization under the circumstances, offers a definite military advantage
Example: weapons, mar material, military works and establishments, supplies and
vehicles
2. Principle of Proportionality
- The actual damage that is caused by attacking a military target must not be larger
than the calculated military advantage
3. Principle of Military Necessity
- The only legitimate objective of states to accomplish a war is to weaken the military
forces of the enemy.
- It is sufficient to disable the greatest possible number of men
4. Principle of Limitation
- The right of the parties to the conflict to choose methods or means of warfare is not
unlimited
5. Principle of De Martens Clause
- Also known as the “Fall back” principle
- “in cases not covered by the Regulations… the inhabitants and belligerents remain
under the protection and the rule of the principles of the law of nations, as they
result from the usages established among civilized peoples, from the laws of
humanity, and the dictates of the public conscience.”
 Civilians – person who are not members of the armed forces of party to an armed
conflict, and are protected against attack, unless and for such time as they take a direct
part in armed hostilities.
 Combatants – all members of such armed forces usually or international armed
conflicts, except medical and religious personnel.

MAIN SOURCES OF IHL


- Four (4) Geneva Conventions and their additional protocols
- Customary law

Core of International Humanitarian Law


- The 1949 Geneva Conventions and their Additional Protocols

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History of International Humanitarian Law


 The first Geneva Convention in 1864; the Convention for the Amelioration of the
Condition of the Wounded in Armies in the Field
- The beginning of humanitarian law
- a set of ten articles that laid down rules designed to ensure that all soldiers
wounded on the battlefield – whatever side they were on – were taken care of
without distinction
- signed by 12 nations on August 22, 1864, agreeing to guarantee neutrality to
medical personnel, to expedite supplies for their use, and to adopt a special
identifying emblem (which since 1870s has been the red cross on a white
background)
- Its foundation was laid down by Henry Dunant
 Henry Dunant – he was influenced by one of the bloodiest battles of the nineteenth
century in Solférino and published Un Souvenir de Solférino [A Memory of Solferino]
- He proposed that nations should form relief societies to provide care for the
wounded in wartime and this led to the establishment of the International Red
Cross.
 International Committee of the Red Cross (ICRC)
- impartial, neutral and independent organization whose exclusively humanitarian
mission is to protect the lives and dignity of victims of war and internal violence and
to provide them with assistance
- headquarters are in Geneva, Switzerland, and the organization has more than
12,000 staff in 80 countries around the globe
 The Hague Conventions
- created by states in order to govern the conduct of war
- are various international treaties that emerged from The Hague Peace Conferences
in 1899 and 1907
- limitations on armaments, for example a prohibition on the use of air bombs and
chemical warfare, and expansion of armed forces were proposed
 The Geneva Protocol to the Hague Convention
- an addition to the Hague Convention
- entered into force on 8 February 1928
- permanently banned the use of all forms of chemical and biological warfare
- amended by the Biological Weapons Convention in 1972 and the Chemical
Weapons Convention in 1993.

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____________________________________________________________________________________

Armed Conflict
Can be:
a. Between states
Example: World War II
b. Between states and national liberation movements
Example: between Israel and Palestine Liberation Organization
c. Between governmental authorities and organized armed group
Example: Abu Sayyaf Group versus New People’s Army
d. Between organized armed groups within a state
Example: New People’s Army versus Rebolusyonaryong Hukbong Bayan
*Note: a and b are considered International Armed Conflict while c is considered
Non-International Armed Conflict
 International Armed Conflict – those in which at least two States are involved
 Non-international armed conflicts – those restricted to the territory of a single
State, involving either regular armed forces fighting groups of armed
dissidents, or armed groups fighting each other

Main Kinds of International Humanitarian Law


1. Treaty law – treaties, conventions, protocols and similar international legal
instruments – binging on States Parties which ratify or accede
2. Customary law – generally accepted principles and rules established by sufficient
stat practice and legal opinion which are binding on all, particularly on all parties to
armed conflicts

*For International Humanitarian Law to be universally accepted, it must be formally


adopted by a state through ratification or accession
 Ratification – the action of signing or giving formal consent to a treaty, contract, or
agreement, making it officially valid
 Accession – the act whereby a state accepts the offer or the opportunity to
become a party to a treaty already negotiated and signed by other states and has
the same legal effect as ratification
After which, a State must then enact a national legislation and take practical
measures in order for the rules to be fully effective.

Important Dates:
 October 6, 1952 – Philippines ratified the Geneva Conventions of 1949

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 December 12, 1977 – signed the Additional Protocols: Protocol 1 (applies to the
protection of victims of international armed conflicts; and Protocol 2 (deals with
the protection of victims of non-international armed conflicts
 December 11, 1986 – Philippines ratified Protocol II
 December 11, 2009 – Philippines enacted Republic Act No. 9851

International Humanitarian Law Treaties Ratified By and Therefore Bind the


Philippines
 1948 Genocide Convention
- provides for a precise definition of the crime of genocide, in particular in terms
of the required intent and the prohibited acts
Genocide – acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group
 1949 Geneva Conventions I-IV
a. Convention I for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field
b. Convention II for the Amelioration of the Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at Sea
c. Convention III relative to the Treatment of Prisoners of War
d. Convention IV relative to the Protection of Civilian Persons in Time of War
 1968 Nuclear Weapons Non-Proliferation Treaty (NPT)
- represents the only binding commitment in a multilateral treaty to the goal of
disarmament by the nuclear-weapon States
 1968 Convention on Non-Applicability of Statutory Limitations to War Crimes and
Crimes Against Humanity
- Allows the prosecution of perpetrators of War Crimes and Crimes Against
Humanity at any time no matter how long it has been since the act was
committed
 1972 Biological Weapons Convention
- the first multilateral disarmament treaty banning the development, production
and stockpiling of an entire category of weapons of mass destruction
 1977 Additional Protocol II on Protection of Victims of Non-International Conflicts
- aim is to extend the essential rules of the law of armed conflicts to internal
wars
 1980 Conventional Weapons Convention and its Protocols I-IV, inc. its 1996
Amended Protocol II on Mines, Boobytraps and Other Devices
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a. Protocol I – prohibiting the use of weapons that employ fragments not


detectable in the human body by X-ray
b. Protocol II – regulating the use of landmines, booby-traps and similar devices
- Protocol III – limiting the use of incendiary weapons
- Protocol IV – prohibiting the use and transfer of blinding laser weapons
 1989 Convention on the Rights of the Child and its 2000 Optional Protocol on the
involvement of children in armed conflict
- ensure that members of armed forces who have not attained the age of 18
years do not take a direct part in hostilities and are not compulsorily recruited
into armed forces.
 1993 Chemical Weapons Convention
- aims to eliminate an entire category of weapons of mass destruction by
prohibiting the development, production, acquisition, stockpiling, retention,
transfer or use of chemical weapons by States Parties
 1997 Anti-Personnel Mines Convention
- States-parties commit to not using, developing, producing, acquiring,
retaining, stockpiling, or transferring anti-personnel landmines – those
"designed to be exploded by the presence, proximity or contact of a person
and that will incapacitate, injure or kill one or more persons.
 2005 Additional Protocol III on the adoption of an Additional Distinctive Emblem
- The original Geneva Convention established the red cross emblem but the
end of the nineteenth century, the red crescent and the red lion and sun were
used by some States and relief societies instead of the red cross and these
two additional emblems was granted international recognition

 Hors de combat – a person “out of combat” including a combatant who is no longer


in a condition to engage in combat
Anyone who:
a. Is in the power (e.g. captive) of an adverse party
b. Is defenseless because of unconsciousness, shipwreck, wounds or sickness
c. Clearly expresses an intention to surrender; provided he abstains from any
hostile act and does not attempt to escape

Again, please note that you are not limited to exclusively refer to the textbook.
Thus, you are expected to utilize other books, research articles and other resources.

Self-Help: You can also refer to the sources below to help you further
62
understand the lesson:
 International Committee of the Red Cross. Retrieved from [Link]
[Link]/applic/ihl/[Link]/[Link]
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Let’s Check
Activity 5.1. Fill in the Blanks. Choose the correct answer among the choices given inside the
box and write it on the blanks. Provide for the definition of the unchosen words below.

Hors de Combat International Armed Conflict Non-International Armed Conflict


Genocide Henry Dunant Civilian
Combatants De Martens Clause Civilian Objects
Military Objectives Treaty Law Customary Law
Ratification Accession Principle of Limitation

1. Nestle is considered a _________________ when she is not a member of the armed forces
and is protected against attack.
2. All members of armed forces are considered _________________.
3. ________________________ is also known as the “Fall Back Principle”.
4. Rea Mae is considered ____________________ since she is no longer in condition to
engage in any form of combat.
5. If a war between China and US ensues, this conflict can be called
__________________________________.
6. It is called ___________ when Christin and his army would kill a national, or religious group.
7. Angelica, the leader of the New People’s Army in the Philippines waged a war against
President Maria Jessa Capoy. The war between them is considered
__________________________________________.
8. ________________ is the act of signing or giving formal consent to a treaty, contract, or
agreement, making it officially valid.
9. Houses, schools, churches, farms, commercial buildings, public transport are considered
________________________.
10. ________________________ are limited to those objects which, by nature, location,
purpose or use, make for an effective contribution to military action and whose destruction,
capture or neutralization under the circumstances, offers a definite military advantage.

Let’s Analyze
Activity 5.2. Explain the difference between the following.

1. International Armed Conflict and Non-International Armed Conflict


2. Civilians and Combatants
3. Military Objectives and Civilian Objects
4. Ratification and Accession
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____________________________________________________________________________________

5. Treaty Law and Customary Law

In a Nutshell
MY ESSAY. The International Humanitarian Law has provided countries a chance to adopt an
international basis in protecting the rights of its own citizens. In this portion of the unit, you will
be required to state your arguments or synthesis relevant to International Humanitarian Law.
You are to explain the importance and significance of International Humanitarian Law to every
human being living in the Philippines, especially to a human being like you in an essay. The
essay must contain a minimum of 500 words. Written in an A4 coupon bond.

NOTE: Rubrics for scoring your essay shall be provided a day before the making of the essay.

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
will help you in the review of concepts and essential knowledge

Do you have any question for clarification?

Questions/Issues Answers
21.

22.

23.

24.

25.

Big Picture in Focus: ULOb. Discuss the legal remedies afforded


to victims of Gross Human Rights Violations and the limitations
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on means and methods of warfare novels
UM BANSALAN COLLEGE
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Bansalan, Davao del Sur
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____________________________________________________________________________________

Metalanguage
In this section is the delivery of the most essential concepts relevant to legal
remedies afforded to victims of Enforced Disappearances and Extra-Judicial Killings
and to demonstrate ULOb , terms will be operationally defined and discussed in the
texts present in this module to establish a common frame of reference in discussing the
limitations of means and methods of warfare as stated in the International Humanitarian
law. You will encounter terms and concepts as we go through the study of Enforced
Disappearances, Extra-Judicial Killing and means and methods of warfare found in the
chapter of this module.
ENFORCED DISAPPEARANCES – a gross human rights violation wherein the
whereabouts of people who have been taken into custody by agents of the State and
whose custody is denied is concealed
EXTRA-JUDICIAL KILLINGS (EJK) – a gross human right violation which is the
unlawful and deliberate killings, carried out by order of a government or with its
complicity (accomplice) or acquiescence (acceptance).

Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to fully
understand the following essential knowledge that will be laid down in the succeeding
pages of this module.

The Basic Rules for the Protection of Persons Deprived of their Liberty
1. They must be provided with adequate food, water, clothing, shelter, and medical
attention.
2. Women must be held in quarters separate from those of men, except where families
are accommodated as family units, and must be under the immediate supervision of
women.
3. Children must be held in quarters separate from those of adults, except where
families are accommodates as family units.
4. The must be held in premises which are removed from the combat zone and which
safeguard their health and hygiene.
5. Pillage of their personal belongings is prohibited.
6. Their personal details must be recorded.
7. They must be allowed to correspond with their families subject to reasonable
conditions relating to frequency and the need for censorship by the authorities.
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____________________________________________________________________________________

8. They must be allowed to receive visitors, especially near relatives, to the degree
practicable.
*These rights are provided in the United Nations Standard Minimum Rules for the
Treatment of Prisoners*

Legal Remedies in Cases of Enforced Disappearances and Extra-Judicial Killings


 Writ of Habeas Corpus
- A Latin phrase which literally means “you have the body”
- An order to the person in charged of someone’s detention to deliver the
named person so that the court can investigate the legality of his
imprisonment.
- Writ directed to the person detaining another person, commanding him to
produce the body of the prisoner at a designated time and place and explain
the cause of his detention.
- This generally extends to all cases of illegal confinement or detention.
 Writ of Amparo
- Amparo comes from the Spanish word “Amparar” which means “protection”
- Available to person whose right to life, liberty and security has been violated
or is threatened with violation by an unlawful act or omission of a public
official, private individual or entity.
Rules on the Writ of Amparo
a. To verify the identity of the aggrieved party.
b. To recover and preserve evidence related to the disappearance of the
person identified in the petition.
c. To identify witnesses and obtain statement from them concerning the
death or disappearance.
d. To determine the cause, manner, location and the time of death or
disappearance as well as any pattern or practice that may have brought
about the death or disappearance.
e. To identify and apprehend the persons involved in the death or
disappearance.
f. To bring the suspected offenders before a competent court.
 Writ of Habeas Data
- Available to any person whose right to privacy in life, liberty or security is
violated or threatened by an unlawful act or omission of a public official or
private individual.
- Enables the petitioner to invoke the right to privacy and right to information.
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- Enables a person to know the purpose in which the data about himself is
being collected.

Limitations on Means and Methods of Warfare


Martens Clause
Regulation of Specific Weapons
- Exploding bullets
- Expanding bullets
- Poison
- Chemical weapons
- Biological weapons
- Non-detectable fragments
- Blinding laser weapons
- Cluster munitions
- Mines, booby traps and other similar explosives devices
- Incendiary weapons
Article 22, Hague Convention and Article 35 of Additional Protocol I
- The right of the Parties to the conflict to choose methods and means of
warfare is not unlimited.
Article 23, Hague Convention and Article 35 of Additional Protocol I
- It is prohibited to employ means and methods of warfare of a nature to cause
superfluous injury or unnecessary suffering.
Article 48 and 51 of Additional Protocol I
- Weapons that are inherently indiscriminate or have indiscriminate effect must
not be used.
Article 35 of Additional Protocol I
- It is prohibited to employ methods or means of warfare which are intended or
may be expected to cause widespread, long-term and severe damage to the
natural environment.
Declaration of Saint Petersburg (1868)
- The only legitimate object which States should endeavor to accomplish during
war is to weaken the military forces of the enemy
- It is sufficient to disable the greatest possible number of men
- The employment of arms which uselessly aggravate the sufferings of disabled
men, or render their death inevitable exceeds this object
The 1980/2001 Convention on Certain Conventional Weapons
- Prohibition of weapons in which the primary effect of which is to injure by
62
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____________________________________________________________________________________

fragments which in the human body escape detection by X-rays


- Laser weapons specifically designed to cause permanent blindness
Example: Dazzler – non-lethal weapon which uses intense directed radiation
to temporarily disable its target with flash blindness
Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other
Devices
- General restriction on the use of mines, booby-traps and other devices.
Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons (Protocol III)
Incendiary Weapons – any weapon or munition in which is primarily designed to
set fire to objects or to cause burn injury to persons through the action of flame,
heat, or combination thereof, produces by a chemical reaction of a substance
delivered on the target.
Example: Bombs, Grenades, Flamethrowers
Excludes:
 Munitions which may have incidental incendiary effects, such as
illuminates, tracers, smoke or signaling systems
 Munitions designed to combine penetration, blast or fragmentation
effects with an additional incendiary effect, such as:
- armor-piercing projectiles, fragmentation shells, explosive bombs
- munitions in which the incendiary effect is not specifically designed
to cause burn injury to persons, but to be used against military
objectives, such as armored vehicles, aircraft and installations or
facilities.
Ottawa Treaty (1997)
- Prohibited the use, development, production and transfer of anti-personnel
landmines
Anti-Personnel Landmines – designed to be exploded by the presence, proximity
or contact of a person and that will incapacitate, injure or kill one or more persons.
Protocol on Blinding Laser Weapons (Protocol IV) (1995)
- Prohibits the employment of laser weapons specifically designed to cause
permanent blindness to unenhanced vision, that is to the naked eye or to the
eye with corrective eyesight devices.
Cluster Munitions Convention (2008)
Cluster Munition – a conventional munition designed to disperse or release
explosive submunitions each weighing less than 20 kilograms, and includes those
explosive munitions.
Protocol V on Explosive Remnants of War (2003)
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____________________________________________________________________________________

- It is the responsibility of each State and party to an armed conflict to mark and
clear, remove or destroy explosive remnants of war in affected territories
under its control

Additional Protocol I
Legal Review of New Weapons
- “In the study, development, acquisition or adoption of a new weapon, means
and methods of warfare, a State is under an obligation to determine whether
its employment would, in some or all circumstances, be prohibited by… any
rule of international law applicable to the concerned State.”

Self-Help: You can also refer to the sources below to help you further
understand the lesson:
 Cluster munitions: what are they and what is the problem? Retrieved from
[Link]
[Link]
 Use of Weapons. Retrieved from [Link]

Let’s Check
Activity 6.1. Write P if the weapons enumerated is prohibited by the International Humanitarian
Law in its limitations on methods and warfare and NP if it is not prohibited. Write your answers
on the space provided.

___________ 1. Incendiary Weapon ___________ 11. Expanding Bullet


___________ 2. Dumdum Bullet ___________ 12. Zip Guns
___________ 3. Nuclear Weapon ___________ 13. Tracing Bullet
___________ 4. Armor-Piercing Projectiles ___________ 14. Machine Gun
___________ 5. Spears ___________ 15. Tank
___________ 6. Bayonet ___________ 16. Detectable Fragments
___________ 7. Cluster Munition ___________ 17. Poison
___________ 8. Blinding Laser Weapon ___________ 18. Booby Traps
___________ 9. Colt 45 ___________ 19. Laser Weapons
___________ 10. Anti-Personnel Landmines ___________ 20. Dazzler

62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Let’s Analyze
Activity 5.2. Answer the following question.

1. Why are these means and methods prohibited?


a. Incendiary Weapons
b. Laser Weapons
c. Cluster Munitions
d. Anti-Personnel Landmines
2. On what instances can these remedies be availed?
a. Writ of Habeas Corpus
b. Writ of Habeas Data
c. Writ of Amparo

In a Nutshell
MY ARGUMENT. The Filipinos have been under the leadership of the late President Ferdinand
Marcos and the country has already been put under Martial Law which have provided great
opportunities for abusive law enforcers and militaries to oppress and mistreat humans during
their time. In this portion of the unit, you will be required to state your arguments or synthesis
relevant to the topics presented.

Now that the whole world is experiencing a pandemic in which our country the Philippines has
also been a part of, a lockdown has been put into effect in the entire archipelago. However,
talks of Martial Law being implemented have surfaced ever since the lockdown started. Let us
pretend now that the President has declared Martial Law. What do you think would happen to
the citizens, the law enforcers, militaries and even the government?

In this task, the students shall be required to log in through their FB accounts for an hour. The
one-hour argument shall be conducted in a private group to be made by the Course Coordinator
where only students enrolled in the course are added. Students will be free to post their
thoughts on the wall and free to comment on posts. Provided, that no trash talks or abusive
comments or posts will be given. Grades shall depend on the arguments presented by the
student in the group.

Note: For those students who cannot access this platform due to internet connection shall be
given an alternative by the Course Coordinator.

Q & A LIST. This section allows you to list down all emerging questions or issues. Questions or
issues may be also raised in the Schoology, Facebook messenger, email and etc. If not through
online, you can write your answers in this printed module after clarification. This Q & A portion
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

will help you in the review of concepts and essential knowledge

Do you have any question for clarification?

Questions/Issues Answers
26.

27.

28.

29.

30.

KEYWORDS INDEX.

Course Schedules

UNIT 1
Mode of Submission/
Activity Date
Discussion
Class Orientation June 1, 2020 Video Conference via Zoom
Essential Knowledge A June 3-10, 2020 Refer to the Module
June 12, 2020 Submit Email criminology
Big Picture A: Let’s Check Activities
bansalan@[Link]
June 13, 2020 Submit criminology
Big Picture A: Let’s Analyze Activities
bansalan@[Link]
Big Picture A: In a Nutshell Activities June 13, 2020 Video Conference via Zoom
Big Picture A: QA List June 15, 2020 Via Facebook Group Chat

62
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College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Essential Knowledge B June 16-18, 2020 Refer to the Module


June 20, 2020 Submit via Facebook Group
Big Picture B: Let’s Check Activities
Chat
June 22, 2020 Submit via Facebook Group
Big Picture B: Let’s Analyze Activities
Chat
June 23-25, 2020 Submit via Facebook Group
Big Picture B: In a Nutshell Activities
(Deadline is on the 9th) Chat
Big Picture B: QA List June 26, 2020 Via Facebook Group Chat
First Exam June 12, 2020 Via Schoology

UNIT 2
Mode of Submission/
Activity Date
Discussion
Essential Knowledge A June 27, 2020 Refer to the Module
June 28, 2020 Submit via Facebook Group
Big Picture A: Let’s Check Activities
Chat
June 28, 2020 Submit via Facebook Group
Big Picture A: Let’s Analyze Activities
Chat
June 29, 2020 Via criminology
Big Picture A: In a Nutshell Activities
bansalan@[Link]
Big Picture A: QA List June 29, 2020 Via Facebook Group Chat
Essential Knowledge B June 30- July 1, 2020 Refer to the Module
July 2, 2020 Submit via Facebook Group
Big Picture B: Let’s Check Activities
Chat
July 2, 2020 Submit via Facebook Group
Big Picture B: Let’s Analyze Activities
Chat
Big Picture B: In a Nutshell Activities July 3-4, 2020 Video Conference via Zoom
Big Picture B: QA List July 6, 2020 Via Facebook Group Chat
Second Exam July 8 Google classroom

UNIT 3
Mode of Submission/
Activity Date
Discussion
Essential Knowledge A July 9-10, 2020 Refer to the Textbook
Big Picture A: Let’s Check Activities July 11, 2020 Submit Google classroom
Big Picture A: Let’s Analyze Activities July 11, 2020 Submit via Google classroom
July 12, 2020 Via criminology
Big Picture A: In a Nutshell Activities
bansalan@[Link]
Big Picture A: QA List July 13, 2020 Via Facebook Group Chat

62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

Essential Knowledge B July 16-17, 2020 Refer to the Module


July 18, 2020 Submit via Facebook Group
Big Picture B: Let’s Check Activities
Chat
July 18, 2020 Submit via Facebook Group
Big Picture B: Let’s Analyze Activities
Chat
July 19-20, 2020 Submit via Facebook Group
Big Picture B: In a Nutshell Activities
Chat
Big Picture B: QA List July 21, 2020 Via Facebook Group Chat
Third Exam July 22, 2020 Via Google Classroom
Self-Review July 23-24, 2020 Study at Home
Online Review July 25, 2020 Via Facebook Group Chat
Final Exam July 26, 2020 Via Google Classroom

Course prepared by:

RIZALENE D. TATAD, RCrim


Faculty

Course reviewed by:

NOEL B. LAPAZ, RN, RCrim


Program Head

Approved by:
62
UM BANSALAN COLLEGE
College of Criminal Justice
R. Delos Cientos St., Poblacion Dos
Bansalan, Davao del Sur
(082) 2724080
____________________________________________________________________________________

JENNY T. HERNAN, MAEd


Dean of College

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