HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS

Human Rights are rights those rights which emerge from being a member of the 4. Functional or Sociological Approach- human rights existed as a means of
human species. They are not granted by the state nor stemmed from being a citizen social control. It exists to serve the social interest of the society. Focuses on
of a country rights in terms of people’s wants and concern.
5. Positivist – all rights and authority come from the state and what officials
“All men are free and equal in dignity and liberty” have promulgated. The only law I what has been commanded by the
sovereign. Natural rights are recognized only if they are enforced by the
A. History, Theories of Sources and Development of Human Rights
state. Main Criticism: authority may not promote human rights.
Rights of men are as old as man himself- human rights existed when man exists 6. Marxist Theory- interest of the society over an individual’s interest.
Individual freedom is recognized only after the interest of society is served. It
I. Tyrannical Rulers of Greece to the royal autocracy of Kings and princes of is concerned with economic and social rights over civil or political rights of
the Middles Ages men community.
II. Divine Rights of Kings 7. Theory Based on Equality and Respect- recognition of individual rights in
III. 1215 Magna Carta by King John- First English Constitution, contains the enjoyment of basic freedoms (speech, religion, assembly, fair trial and
personal liberties and civil rights access to courts).
IV. Bill of Rights of 1689- prevent arbitrary royal rule and establish freedom 8. Theory Based on Justice- Each person possesses inviolability founded on
from cruel and unusual punishment and excessive fines justice. The conception is of fairness and social primary goods and wealth are
V. Bill of Rights 1776- all men are free. Inherent Rights of life and liberty and to be distributed equally.
property. Freedom of Speech and Press, freedom to exercise religion. 9. Theory Based on Dignity of Man- Based on the premise that human right s
VI. 1789 French Declaration of Rights of Man- all men are free and equal means sharing values of all identified policies upon which human rights
depend on. The ultimate goal is world community where there is democratic
B. Theories on Sources of Rights sharing and distribution of values. Referred to as policy science approach.
10. Utilitarian Theory- based on the notion of rights in terms of tendencies to
1. Religious and Theological Approach- concept of dignity of man. He promote specified ends such as common good. The greatest happiness to the
possesses dignity as being created in the image of God and it places him with greatest number. Everyone is counted equally but not treated equally.
high value. Common creator means common humanity and common
fundamental rights. Brotherhood of men. Disadvantage- only stands as long as C. Principles of Human Rights
man believes in God.
2. The Natural Law Theory- conduct of men must always conform to the law 1. Universal – all men have equal rights
of nature. This nature is believed to be eternal. Law of right of reason in 2. Interdependence – it does not need any other rights for it to be realized
accordance with the Law of God. The Social impulse to live peacefully and in 3. Indivisibility – cannot be divided into smaller fraction. One right depends
harmony with others. Whatever is disturbing to social harmony is wrong and on the other.
unjust. Embodied in Magna Carta of England 1215, 1689 England’s Bill of 4. Imprescriptible – No period to expire
Rights and American Declaration of Independence 1776. It leaves vague what 5. Inalienable – cannot be taken away arbitrarily
is part of the law of nations and, therefore is, inalienable.
3. Historical Theory- human rights emerged not from the effort of man but Non-derogable rights:
that they already existed through the common consciousness of man of what
1. Right to life
is right and just. They existed gradually, spontaneous and evolutionary
2. Right against torture
without any arbitrary will of any authority.
3. Freedom of Religion
4. Right to be recognized as a person

1| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
MEJOFF VS. DIRECTOR OF PRISONS, 90 PHIL 70 2. Where not already provided for by existing legislative or other measures,
each state Party to the present Covenant undertakes to take the necessary
FACTS: Japanese Secret Agent taken by the US and handed to commonwealth. He steps, in accordance with its constitutional processes and within the
was detained while awaiting deportation. provisions of the present Covenant, to adopt such legislative or other
measures as may be necessary to give effect to the rights recognized in the
DISSENTING OPINION: The constitutional guarantee that no person shall be
present Covenant.
deprived of liberty without due process of law has been intended to protect all
3. Each State Party to the present Covenant undertakes:
inhabitants or residents who may happen to be under the shadows of Philippine flag.
(a) To ensure that any person whose rights or freedoms as herein
D. Universal Declaration of Human Rights recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons
E. Obligations of the State – (1) Respect; (2) Protect; (3) Fulfill acting in official capacity,
(b) To ensure that any person claiming such a remedy shall have his right
Article 1 (3) of the UN Charter – To achieve international cooperation in solving thereto determined by competent judicial, administrative or legislative
international problems of an economic, social, cultural, or humanitarian character, authorities, or by any other competent authority provided for by the
and in promoting and encouraging respect for human rights and for fundamental system of the state, and to develop the possibilities of judicial remedy;
freedoms for all without distinction as to race, sex, language, or religion; (c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article 55 – With a view to the creation of conditions of stability and well-being
which are necessary for peaceful and friendly relations among nations based on Article 3. The State Parties to the present Covenant undertake to ensure the equal
respect for the principle of equal rights and self-determination of peoples, the right of men and women to the enjoyment of all civil and political rights set forth in
United Nations shall promote: the present Covenant.

a. higher standards of living, full employment, and conditions of economic and Article 2, Section 11, 1987 Constitution
social progress and development;
b. solutions of international economic, social, health, and related problems; and Section 11. The State values the dignity of every human person and guarantees full
inter-national cultural and educational cooperation; and respect for human rights.
c. universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion. STONEHILL VS. DIOKNO – Issuance of General warrant undermines the right of
private individuals
Article 56 – All Members pledge themselves to take joint and separate action in
cooperation with the Organization for the achievement of the purposes set forth in OPOSA VS. FACTORAN - Inter-generational Responsibility - Right to Healthful
Article 55. Ecology. State’s argument – (1) No cause of Action; (2) No law

International Covenant on Civil and Political Rights, Article II Supreme Court’s decision is anchored in Natural Law – Right to healthful ecology
predates man.
1. Each state party to the present covenant undertakes to respect and to
ensure to all within its territory and subjects to its jurisdiction the rights F. Sources and Foundations of Human Rights
recognized in the present Covenant, without distinction of any kind, such as
a. Generally Accepted principles of Human Rights
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.

2| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
MEJOFF VS. DIRECTOR OF PRISONS, 90 PHIL 70 Philippines honor its obligations under the Extradition Treaty it entered into with the
Hong Kong Special Administrative Region. Failure to comply with these obligations is a
FACTS: Japanese Secret Agent taken by the US and handed to commonwealth. He setback in our foreign relations and defeats the purpose of extradition. However, it
was detained while awaiting deportation. does not necessarily mean that in keeping with its treaty obligations, the Philippines
should diminish a potential extraditee’s rights to life, liberty, and due process. More so,
It must be admitted that temporary detention is a necessary step in the process of
where these rights are guaranteed, not only by our Constitution, but also by
exclusion or expulsion of undesirable aliens and that pending arrangements for his
international conventions, to which the Philippines is a party. We should not, therefore,
deportation, the Government has the right to hold the undesirable alien under
deprive an extraditee of his right to apply for bail, provided that a certain standard for
confinement for a reasonable lenght of time. However, under established precedents,
the grant is satisfactorily met
too long a detention may justify the issuance of a writ of habeas corpus. Unless it is
shown that the deportee is being indefinitely imprisoned under the pretense of G. International Bill of Rights
awaiting a chance for deportation3 or unless the Government admits that itcan not
deport him4 or unless the detainee is being held for too long a period our courts will Collective name for the UDHR and two other human right treaties (IICCPR and
not interfere. ICESCR)

DISSENTING OPINION: The constitutional guarantee that no person shall be a. 1948 Universal Declaration of Human Rights – is not a treaty but has
deprived of liberty without due process of law has been intended to protect all evolved into general principles of international law. Contains a preamble and
inhabitants or residents who may happen to be under the shadows of Philippine flag. 30 articles.
b. 1966 International Covenant on Civil and Political Rights
KURODA VS. JALANDONI 1. First Optional Protocol: jurisdiction of human rights committee to
receive and consider communications from those who are victims of
FACTS: EO 68 to try war criminals
human rights violation.
DECISION: The Incorporation Clause. To try Kuroda for his war crimes is 2. Second Optional Protocol: abolition of death penalty
constitutional by virtue of incorporation clause in Article II, Section 2 of Philippine
Constitution. c. 1966 International Covenant on Economic, Social and Cultural Rights
d. 1987 Philippine Constitution, Contains the Preamble, Article II which
The Philippines renounces war as an instrument of national policy, adopts the stipulates the State’s principle of adhering to human rights and international
generally accepted principles of international law as part of the law of the land laws promoting the same and Article III which constitutes the Bill of Rights

DISSENTING OPINION: Executive Order No. 68 is equally offensive to the Constitution H. Classification of Human Rights:
because it violates the fundamental guarantees of the due process and equal
protection of the law. It is especially so, because it permit the admission of many kinds 1. First Generation- Political Rights and Civil Liberties. Prohibition against
evidence by which no innocent person can afford to get acquittal and by which it is searches and seizures, undue intervention to freedom of expression. Rights
impossible to determine whether an accused is guilty or not beyond all reasonable expressed in the “negative”.
doubt. a. Right to Life
b. Freedom against torture and inhumane prison conditions
GOVT OF HONGKONG VS. OLAILA c. Equality before the Law
d. Right to Liberty, Freedom from Arbitrary Detention
FACTS: Munoz charged with conspiracy to defraud punishable by Hongkong Law. e. Freedom Against Slavery
He asked to bail when petitioner asked of him for an extradition. f. Freedom of Movement
Decision: The time-honored principle of pacta sunt servanda demands that the g. Right to Security
3| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
RIGHT TO LIFE 1987 Constitution, Article 3

ICCPR Article 6 Section 1. No person shall be deprived of life, liberty, or property without due
(1) Every human being has the inherent right to life. This right shall be protected process of law, nor shall any person be denied the equal protection of the laws.
by law. No one shall be arbitrarily deprived of his life.
(2) In countries which have not abolished the death penalty, sentence of death Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or
penalties may be imposed only for the most serious crimes in accordance with inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for
the law in force at the time of the commission of the crime and not contrary to compelling reasons involving heinous crimes, the Congress hereafter provides for it.
the provisions of the present Covenant and to the Convention on the Any death penalty already imposed shall be reduced to reclusion perpetua.
Prevention and Punishment of the Crime of Genocide. This penalty can only be
1987 Constitution, Article 2
carried out pursuant to a final judgement rendered by a competent court.
(3) Anyone sentenced to death shall have the right to seek pardon or commutation Section 12. (1) Any person under investigation for the commission of an offense
of the sentence. Amnesty, pardon or commutation of the sentence of death may shall have the right to be informed of his right to remain silent and to have
be granted in all cases. 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
SIMON VS. COMMISSION ON HUMAN RIGHTS
cannot be waived except in writing and in the presence of counsel.
ISSUE INVOLVED: whether or not the right to a decent living form part of
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate
individual’s civil rights.
the free will shall be used against him. Secret detention places, solitary,
DECISION: Negative. “We are not prepared to conclude that the order for the incommunicado, or other similar forms of detention are prohibited.
demolition of the stalls, sari-sari stores and carinderia of the private respondents can
(3) Any confession or admission obtained in violation of this or Section 17 hereof
fall within the compartment of "human rights violations involving civil and political
shall be inadmissible in evidence against him.
rights" intended by the Constitution”.
(4) The law shall provide for penal and civil sanctions for violations of this section
“Civil Rights- to those (rights) that belong to every citizen of the state or country,
as well as compensation to the rehabilitation of victims of torture or similar
or, in wider sense, to all its inhabitants, and are not connected with the organization
practices, and their families.
or administration of the government. They include the rights of property, marriage,
equal protection of the laws, freedom of contract, etc. Or, as otherwise defined civil PEOPLE VS. ECHEGARAY
rights are rights appertaining to a person by virtue of his citizenship in a state or (Supplemental Motion for Reconsideration)
community. Such term may also refer, in its general sense, to rights capable of being
enforced or redressed in a civil action. Also quite often mentioned are the Death Penalty Contentions: (a) violation of the constitutional proscription against
guarantees against involuntary servitude, religious persecution, unreasonable cruel, degrading or inhuman punishment; (b) violation of our international treaty
searches and seizures, and imprisonment for debt”. obligations; (c) being an undue delegation of legislative power; and (d) being
discriminatory.
Political Rights- “Political rights, on the other hand, are said to refer to the right to
participate, directly or indirectly, in the establishment or administration of DECISION:
government, the right of suffrage, the right to hold public office, the right of petition
and, in general, the rights appurtenant to citizenship vis-a-vis the management of a. The cruelty against which the Constitution protects a convicted man is cruelty
government”. inherent in the method of punishment, not the necessary suffering involved in
any method employed to extinguish life humanely

4| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
b. The Second Optional Protocol to the International Covenant on Civil and capacity. It does not include pain or suffering arising only from, inherent in or
Political Rights, aiming at the Abolition of the Death Penalty was adopted by incidental to lawful sanctions.”
the General Assembly on December 15, 1989. The Philippines neither signed nor
ratified said document. PEOPLE VS. GALIT

1987 Constitution, Article II, Section 12. The State recognizes the sanctity of family “Trial courts are cautioned to look carefully into the circumstances surrounding the
life and shall protect and strengthen the family as a basic autonomous social taking of any confession, especially where the prisoner claims having been maltreated
institution. It shall equally protect the life of the mother and the life of the unborn into giving one. Where there is any doubt as to its voluntariness, the same must be
from conception. The natural and primary right and duty of parents in the rearing of rejected in toto.
the youth for civic efficiency and the development of moral character shall receive
EQUITY BEFORE THE LAW
the support of the Government.
Article 26, ICCPR. All persons are equal before the law and are entitled without any
FREEDOM AGAINST TORTURE AND INHUMAN PRISON CONDITIONS
discrimination to the equal protection of the law. In this respect, the law shall
ICCPR, Article 7. “No one shall be subjected to torture or to cruel, inhuman or prohibit any discrimination and guarantee to all persons equal and effective
degrading treatment or punishment. In particular, no one shall be subjected without protection against discrimination on any ground such as race, .colour, sex, language,
his free consent to medical or scientific experimentation.” religion, political or other opinion, national or social origin, property, birth or other
status.
Article 10. 1. All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person. 2. (a) Accused Section 1, Article III No person shall be deprived of life, liberty, or property without
persons shall, save in exceptional circumstances, be segregated from convicted due process of law, nor shall any person be denied the equal protection of the laws.
persons and shall be subject to separate treatment appropriate to their status as
RIGHT TO LIBERTY, FREEDOM FROM ARBITRARY ARREST
unconvicted persons. (b) Accused juvenile persons shall be separated from adults
and brought as speedily as possible for adjudication. 3. The penitentiary system Article 8, ICCPR, 1. No one shall be held in slavery; slavery and the slave-trade in all
shall comprise treatment of prisoners the essential aim of which shall be their their forms shall be prohibited.
reformation and social rehabilitation. Juvenile offenders shall be segregated.
2. No one shall be held in servitude.
1987 Constitution, Article Section 19- (2) The employment of physical,
psychological, or degrading punishment against any prisoner or detainee or the use 3. (a) No one shall be required to perform forced or compulsory labour, (b)
of substandard or inadequate penal facilities under subhuman conditions shall be Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with
dealt with by law. hard labour may be imposed as a punishment for a crime, the performance of hard
labour in pursuance of a sentence to such punishment by a competent court. (c) For
Article I, Convention Against Torture- “For the purposes of this Convention, the the purpose of this paragraph the term "forced or compulsory labour" shall not
term "torture" means any act by which severe pain or suffering, whether physical or include: (i) Any work or service, not referred to in sub-paragraph (b), normally
mental, is intentionally inflicted on a person for such purposes as obtaining from required of a person who is under detention in consequence of a lawful order of a
him or a third person information or a confession, punishing him for an act he or a court, or of a person during conditional release from such detention; (ii) Any service
third person has committed or is suspected of having committed, or intimidating or of a military character and, in countries where conscientious objection is
coercing him or a third person, or for any reason based on discrimination of any recognized, any national service required by law of conscientious objectors; (iii) Any
kind, when such pain or suffering is inflicted by or at the instigation of or with the service exacted in cases of emergency or calamity threatening the life or well-being
consent or acquiescence of a public official or other person acting in an official of the community; (iv) Any work or service which forms part of normal civil
obligations.
5| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Article 9, ICCPR. 1. Everyone has the right to liberty and security of person. No one Section 15. The privilege of the writ of habeas corpus shall not be suspended except
shall be subjected to arbitrary arrest or detention. No one shall be deprived of his in cases of invasion or rebellion, when the public safety requires it.
liberty except on such grounds and in accordance with such procedure as are
established by law. 2. Anyone who is arrested shall be informed, at the time of Section 18. (1) No person shall be detained solely by reason of his political beliefs
arrest, of the reasons for his arrest and shall be promptly informed of any charges and aspirations. (2) No involuntary servitude in any form shall exist except as a
against him. 3. Anyone arrested or detained on a criminal charge shall be brought punishment for a crime whereof the party shall have been duly convicted.
promptly before a judge or other officer authorized by law to exercise judicial
RUBI VS. MINDORO- Administrative Code, 800 hectares of public land in the sitio of
power and shall be entitled to trial within a reasonable time or to release. It shall
Tigbao on Naujan Lake be selected as a site for the permanent settlement of
not be the general rule that persons awaiting trial shall be detained in custody, but
Mangyanes in Mindoro
release may be subject to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for execution of the judgement. 4. But does the Constitutional guaranty that 'no person shall be deprived of his liberty
Anyone who is deprived of his liberty by arrest or detention shall be entitled to take without due process of law' apply to a class of persons who do not have a correct idea
proceedings before a court, in order that that court may decide without delay on the of what liberty is and do not practise liberty in a rightful way?To say that it does will
lawfulness of his detention and order his release if the detention is not lawful. 5. mean to sanction and defend an erroneous idea of such class of persons as to what
Anyone who has been the victim of unlawful arrest or detention shall have an liberty is. It will mean, in the case at bar, that the Government should not adopt any
enforceable right to compensation. measures looking to the welfare and advancement of the class of persons in question. It
will mean that this people should be let along in the mountains and in a permanent
Article 11, ICCPR. No one shall be imprisoned merely on the ground of inability to
state of savagery without even the remotest hope of coming to understand liberty in its
fulfil a contractual obligation.
true and noble sense.
Article III, Section 2, Philippine Constitution- The right of the people to be secure
Further, one cannot hold that the liberty of the citizen is unduly interfered without
in their persons, houses, papers, and effects against unreasonable searches and
when the degree of civilization of the Manguianes is considered. They are restrained
seizures of whatever nature and for any purpose shall be inviolable, and no search
for their own good and the general good of the Philippines. Nor can one say that due
warrant or warrant of arrest shall issue except upon probable cause to be
process of law has not been followed. To go back to our definition of due process of law
determined personally by the judge after examination under oath or affirmation of
and equal protection of the law, there exists a law ; the law seems to be reasonable; it
the complainant and the witnesses he may produce, and particularly describing the
is enforced according to the regular methods of procedure prescribed; and it applies
place to be searched and the persons or things to be seized.
alike to all of a class.
Section 12. (1) Any person under investigation for the commission of an offense
VILLAVICENCIO VS. LUKBAN
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 One fact, and one fact only, need be recalled — these one hundred and seventy women
cannot afford the services of counsel, he must be provided with one. These rights were isolated from society, and then at night, without their consent and without any
cannot be waived except in writing and in the presence of counsel. (2) No torture, opportunity to consult with friends or to defend their rights, were forcibly hustled on
force, violence, threat, intimidation, or any other means which vitiate the free will board steamers for transportation to regions unknown
shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited. (3) Any confession or admission obtained Warrantless Arrests
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 Rule 113 SEC. 5. Arrest without warrant; when lawful. —A peace officer or a
section as well as compensation to the rehabilitation of victims of torture or similar private person may, without a warrant, arrest a person:
practices, and their families.

6| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(b) When, in his presence, the person to be arrested has committed, is actually (ii) Any service of a military character and, in countries where conscientious
committing, or is attempting to commit an offense; objection is recognized, any national service required by law of conscientious
(c) When an offense has just been committed and he has probable cause to objectors
believe based on personal knowledge of facts or circumstances that the (iii) Any service exacted in cases of emergency or calamity threatening the life or
person to be arrested has committed it; and well-being of the community;
(d) When the person to be arrested is a prisoner who has escaped from a penal (iv) Any work or service which forms part of normal civil obligations.
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred 1987 Constitution, Section 18 (2) No involuntary servitude in any form shall exist
from one confinement to another. except as a punishment for a crime whereof the party shall have been duly
convicted.
In cases falling under paragraphs (a) and (b) above, the person arrested without a
warrant shall be forthwith delivered to the nearest police station or jail and shall be FREEDOM OF MOVEMENT
proceeded against in accordance with section 7 of Rule 112, (5a)
ICCPR, Article 12.
Checkpoints: 1. Everyone lawfully within the territory of a State shall, within that territory,
VALMONTE VS. DE VILLA have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
True, the manning of checkpoints by the military is susceptible of abuse by the men in 3. The above-mentioned rights shall not be subject to any restrictions except
uniform, in the same manner that all governmental power is susceptible of abuse. But, those which are provided by law, are necessary to protect national security,
at the cost of occasional inconvenience, discomfort and even irritation to the citizen, public order (order public), public health or morals or the rights and freedoms
the checkpoints during these abnormal times, when conducted within reasonable of others, and are consistent with the other rights recognized in the present
limits, are part of the price we pay for an orderly society and a peaceful community. Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
FREEDOM AGAINST SLAVERY
1987 Constitution, Article III, Section 6. The liberty of abode and of changing the
Article 8. 1. No one shall be held in slavery; slavery and the slave-trade in all their same within the limits prescribed by law shall not be impaired except upon lawful
forms shall be prohibited. 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.
2. No one shall be held in servitude.
MARCOS VS. MANGLAPUS- President Aquino Banning the Return of Marcos
3. (a) No one shall be required to perform forced or compulsory labour, (o)
ISSUES RAISED:
Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with
1. to bar former President Marcos and his family from returning to the
hard labour may be imposed as a punishment for a crime, the performance of hard
Philippines is to deny them not only the inherent right of citizens to return to
labour in pursuance of a sentence to such punishment by a competent court. (c) For
their country of birth but also the protection of the Constitution and all of the
the purpose of this paragraph the term "forced or compulsory labour" shall not
rights guaranteed to Filipinos under the Constitution;
include:
2. The President has no power to bar a Filipino from his own country; if she has,
(i) Any work or service, not referred to in sub-paragraph (b), normally required she had exercised it arbitrarily; and
of a person who is under detention in consequence of a lawful order of a 3. There is no basis for barring the return of the family of former President
court, or of a person during conditional release from such detention; Marcos

7| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
RIGHT TO SECURITY STONEHILL V. DIOKNO, 20 SCRA 383 (1967) – The individual corporate officer
cannot not invoke the right against unreasonable search and seizure of a corporation
ICCPR Article 17. 1. No one shall be subjected to arbitrary or unlawful interference because the corporation is a distinct and separate personality.
with his privacy, family, home or correspondence, nor to unlawful attacks on his
honour and reputation. BACHE AND CO., VS. RUIZ, 37 SCRA 323 (1971) - If the corporation itself invokes
the right, then the evidence obtained against the corporation must be excluded as it
2. Everyone has the right to the protection of the law against such interference and cannot be used against it.
attacks.
Objects of Seizure:
1987 Constitution, Article III, Section 2
Rule 126, SEC. 3. Personal property to be seized. — A search warrant may be
Section 2. The right of the people to be secure in their persons, houses, papers, and issued for the search and seizure of personal property:
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 (a) Subject of the offense;
except upon probable cause to be determined personally by the judge after (b) Stolen or embezzled and other proceeds, or fruits of the offense; or
examination under oath or affirmation of the complainant and the witnesses he may (c) Used or intended to be used as the means of committing an offense.
produce, and particularly describing the place to be searched and the persons or
things to be seized. Warrantless Searches; Valid Waiver

Purpose of the guaranty: 1. PEOPLE VS. OMAWENG, 213 SCRA 462 (1992) – The Court held that a person
who consented to the search of his vehicle cannot thereafter complain that he
ALVERO VS. DIZON- To prevent violations of private security in person and property was illegally searched.
and unlawful invasions of the sanctity of the home by officers of law acting under 2. VEROY VS. LAYAGUE, 210 SCRA 97 (1992) – The consent to check if there
legislative or judicial sanction and to give remedy against such usurpation when were rebels inside the house was not consent to conduct a room to room search.
attempted. 3. LOPEZ VS. COMM. OF CUSTOMS, 68 SCRA 320 (1975) – The consent of a
“manicurist by profession” who was, as the time, in the hotel room, was a valid
To Whom Directed: waiver that authorized the search of the hotel room.

PEOPLE VS. ANDRE MARTI – The guarantee under the Bill of Rights can only be Incidental to a Lawful Arrest
invoked against the state and not against private individuals acting in private capacity
without intervention or participation of the State. Rule 126, SEC. 13. Search incident to lawful arrest. — A person lawfully arrested may
be searched for dangerous weapons or anything which may have been used or
ZULUETA VS. COURT OF APPEALS – The constitutional injunction declaring the constitute proof in the commission of an offense without a search warrant.
privacy of communication and correspondence to be inviolable is no less applicable
simply because it is the wife who is the party against whom the constitutional 1. PEOPLE V. MALMSTEDT, 198 SCRA 401 (1991) – The search of a suspicious
provision is to be enforced. A person, by contracting marriage does not shed his right looking pouch on the waist of Malmstedt was valid considering that there was
to privacy as an individual and the constitutional protection is ever available to him. probable cause to arrest him. The Court also held that the search of the two bags
under the control of Malmstedt was an incident to a lawful arrest.
Who may invoke the Right:
2. PEOPLE VS. LIBNAO, ET. AL., G.R. NO. 136860, JANUARY 20, 2003 – A search at a
checkpoint that was set up as a result of months of surveillance and intelligence

8| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
information and done contemporaneously with a valid warrantless arrest is a valid delay on the lawfulness of his detention and order his release if the detention
search is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have an
PLAIN VIEW enforceable right to compensation.

The Plain View Doctrine Objects in the (1) plain view of a law enforcement officer who Article 14. 1. All persons shall be equal before the courts and tribunals. In the
has a (2) right to be in the position to have the view are subject to seizure and may be determination of any criminal charge against him, or of his rights and obligations in
presented in evidence. a suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The Press and the public
Elements of Plain View:
may be excluded from all or part of a trial for reasons of morals, public order (ordre
1. A previous valid intrusion public) or national security in a democratic society, or when the interest of the
2. Evidence is inadvertently discovered private lives of the parties so requires, or to the extent strictly necessary in the opin
3. Evidence is apparently illegal ion of the court in special circumstances where publicity would prejudice the
4. Seizure of the item without further search interests of justice; but any judgement rendered in a criminal case or in a suit at law
shall be made public except where the interest of juvenile persons otherwise
PADILLA V. CA, 269 SCRA 402 (1997) requires or the proceedings concern matrimonial disputes or the guardianship of
children.
The Court held that when Padilla raised his hand and thereby exposed the handgun
tucked in his waist, the gun was a plain view of the officers and may be seized. Same is 2. Everyone charged with a criminal offence shall have the right to be presumed
true of the armalite magazine in his pocket, as well as the baby armalite which was in innocent until proved guilty according to law.
plain view when Padilla opened his vehicle.
3. In the determination of any criminal charge against him, everyone shall be
Minimum Procedural Guarantees of an accused: entitled to the following minimum guarantees, in full equality:

ICCPR, Article 9. (a) To be informed promptly and in detail in a language which he understands of
1. Everyone has the right to liberty and security of person. No one shall be the nature and cause of the charge against him;
subjected to arbitrary arrest or detention. No one shall be deprived of his (b) To have adequate time and facilities for the preparation of his defence and to
liberty except on such grounds and in accordance with such procedure as are communicate with counsel of his own choosing;
established by law. (c) To be tried without undue delay;
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons (d) To be tried in his presence, and to defend himself in person or through legal
for his arrest and shall be promptly informed of any charges against him. assistance of his own choosing; to be informed, if he does not have legal
3. Anyone arrested or detained on a criminal charge shall be brought promptly assistance, of this right; and to have legal assistance assigned to him, in any
before a judge or other officer authorized by law to exercise judicial power and case where the interests of justice so require, and without payment by him in
shall be entitled to trial within a reasonable time or to release. It shall not be any such case if he does not have sufficient means to pay for it;
the general rule that persons awaiting trial shall be detained in custody, but (e) To examine, or have examined, the witnesses against him and to obtain the
release may be sub ject to guarantees to appear for trial, at any other stage of attendance and examination of witnesses on his behalf under the same
the judicial proceedings, and, should occasion arise, for execution of the conditions as witnesses against him; (/) To have the free assistance of an
judgement interpreter if he cannot understand or speak the language used in court;
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to (f) Not to be compelled to testify against himself or to confess guilt.
take proceedings before a court, in order that that court may decide without

9| Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
4. In the case of juvenile persons, the procedure shall be such as will take account of Section 15. The privilege of the writ of habeas corpus shall not be suspended except
their age and the desirability of promoting their rehabilitation. in cases of invasion or rebellion, when the public safety requires it

5. Everyone convicted of a crime shall have the right to his conviction and sentence Section 16. All persons shall have the right to a speedy disposition of their cases
being reviewed by a higher tribunal according to law. before all judicial, quasi-judicial, or administrative bodies.

6. When a person has by a final decision been convicted of a criminal offence and Section 17. No person shall be compelled to be a witness against himself.
when subsequently his conviction has been reversed or he has been pardoned on
the ground that a new or newly discovered fact shows conclusively that there has PRESUMPTION OF INNOCENCE
been a miscarriage of justice, the person who has suffered punishment as a result of
PEOPLE VS. DRAMAYO
such conviction shall be compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly attributable to him. Contention: Absence of Evidence to convict beyond reasonable doubt
7. No one shall be liable to be tried or punished again for an offence for which he has The conscience must be satisfied that on the defendant could be laid the responsibility
already been finally convicted or acquitted in accordance with the law and penal for the offense charged; not only did he perpetrate the act but that it amounted to a
procedure of each country. crime. What is required is moral certainty. This is to end that the court’s mind should
not be tortured with doubts, that the innocent may not suffer and the guilty not
Article 15. 1. No one shall be held guilty of any criminal offence on account of any
escaped punishment.
act or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty be RIGHT TO BAIL
imposed than the one that was applicable at the time when the criminal offence was
committed. If, subsequent to the commission of the offence, provision is made by Section 13. All persons, except those charged with offenses punishable by reclusion
law for the imposition of a lighter penalty, the offender shall benefit thereby. 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
2. Nothing in this article shall prejudice the trial and punishment of any per son for right to bail shall not be impaired even when the privilege of the writ of habeas
any act or omission which, at the time when it was committed, was criminal corpus is suspended. Excessive bail shall not be required
according to the general principles of law recognized by the community of nations.
SECTION 1. Bail defined. —Bail is the security given for the release of a person in
Article III, 1987 Constitution custody of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail may be
Section 14. (1) No person shall be held to answer for a criminal offense without due
given in the form of corporate surety, property bond, cash deposit, or recognizance,
process of law.
(1a)
(2) In all criminal prosecutions, the accused shall be presumed innocent until the
TEEHANKEE VS. ROVIRA
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, All person shall before conviction be bailable except those charged with capital offense
impartial, and public trial, to meet the witnesses face to face, and to have when the evidence of guilt is strong. From the moment he is placed under arrest,
compulsory process to secure the attendance of witnesses and the production of detention or restraint by the officers of law, he can claim his guarantee of the Bill of
evidence in his behalf. However, after arraignment, trial may proceed Rights and the right retains unless he is charged with a capital offense and the
notwithstanding the absence of the accused: Provided, that he has been duly notified evidence of guilt is strong. If there is presumption of innocence of one already formally
and his failure to appear is unjustifiable.

10 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
charged with criminal offense, this presumption should be indulged in favour of one Article 3. Indigenous peoples have the right to self-determination. By virtue of that
not yet so charged, although already arrested or detained. right they freely determine their political status and freely pursue their economic,
social and cultural development.
ENRILE VS. SANDDIGANBAYAN
Article 4. Indigenous peoples, in exercising their right to self-determination, have
Contentions: the right to autonomy or self-government in matters relating to their internal and
local affairs, as well as ways and means for financing their autonomous functions.
a) Before Judgment of Sandiganbayan, he is bailable as a matter of right
b) He will not be punished by reclusion perpetua because of 2 mitigating Article 5. Indigenous peoples have the right to maintain and strengthen their
circumstances, (1) he is old (2) he voluntarily surrendered distinct political, legal, economic, social and cultural institutions, while retaining
c) Prosecution failed to prove that the evidence of his guilt is strong their right to participate fully, if they so choose, in the political, economic, social and
d) He is not a flight risk cultural life of the State.

DECISION: RUBI VS. MINDORO

1. Special humanitarian, compelling reason – Enrile is old and has many sicknesses FACTS: Mangyans were detained for violation of an ordinance prohibiting them
2. He is not a flight risk as shown in his respect for legal process. from going outside their settlement

He should be allowed to bail for it will enable him have his medical condition properly DECISION: But does the Constitutional guaranty that 'no person shall be deprived of
addressed, aid his preparation for defense, and guarantee his appearance before the his liberty without due process of law' apply to a class of persons who do not have a
court. correct idea of what liberty is and do not practice liberty in a rightful way? To say
that it does will mean to sanction and defend an erroneous idea of such class of
FINALS REVIEWER persons as to what liberty is. It will mean, in the case at bar, that the Government
should not adopt any measures looking to the welfare and advancement of the class
I. THIRD GENERATION RIGHTS of persons in question. It will mean that this people should be let along in the
mountains and in a permanent state of savagery without even the remotest hope of
A. Right to Self- Determination - Article 1, ICCPR coming to understand liberty in its true and noble sense.
1. All peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, Further, one cannot hold that the liberty of the citizen is unduly interfered without
social and cultural development. when the degree of civilization of the Manguianes is considered. They are restrained
2. All peoples may, for their own ends, freely dispose of their natural wealth for their own good and the general good of the Philippines. Nor can one say that due
and resources without prejudice to any obligations arising out of process of law has not been followed. To go back to our definition of due process of
international economic co-operation, based upon the principle of mutual law and equal protection of the law, there exists a law; the law seems to be
benefit, and international law. In no case may a people be deprived of its reasonable; it is enforced according to the regular methods of procedure prescribed;
own means of subsistence. and it applies alike to all of a class.

Article 2- 5 UN Declaration on the Rights of Indigenous people RA 8371, Section 2, 3 (h), 7, 16 and 21

Article 2. Indigenous peoples and individuals are free and equal to all other peoples Section 2 - The State shall recognize and promote all the rights of Indigenous
and individuals and have the right to be free from any kind of discrimination, in the Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within
exercise of their rights, in particular that based on their indigenous origin or the framework of the Constitution:
identity.

11 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
a) The State shall recognize and promote the rights of ICCs/IPs within the of inroads of non-indigenous religions and cultures, or the establishment of present
framework of national unity and development; state boundaries, who retain some or all of their own social, economic, cultural and
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to political institutions, but who may have been displaced from their traditional
ensure their economic, social and cultural well-being and shall recognize the domains or who may have resettled outside their ancestral domains;
applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain; Section 7 - The rights of ownership and possession of ICCs/IPs t their ancestral
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve domains shall be recognized and protected. Such rights shall include:
and develop their cultures, traditions and institutions. It shall consider these
a. Rights of Ownership. - The right to claim ownership over lands, bodies of
rights in the formulation of national laws and policies;
water traditionally and actually occupied by ICCs/IPs, sacred places,
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall
traditional hunting and fishing grounds, and all improvements made by them
equally enjoy the full measure of human rights and freedoms without
at any time within the domains;
distinctions or discriminations;
b. Right to Develop Lands and Natural Resources. - Subject to Section 56
e) The State shall take measures, with the participation of the ICCs/IPs
hereof, right to develop, control and use lands and territories traditionally
concerned, to protect their rights and guarantee respect for their cultural
occupied, owned, or used; to manage and conserve natural resources within
integrity, and to ensure that members of the ICCs/IPs benefit on an equal
the territories and uphold the responsibilities for future generations; to benefit
footing from the rights and opportunities which national laws and regulations
and share the profits from allocation and utilization of the natural resources
grant to other members of the population and
found therein; the right to negotiate the terms and conditions for the
f) The State recognizes its obligations to respond to the strong expression of the
exploration of natural resources in the areas for the purpose of ensuring
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the
ecological, environmental protection and the conservation measures, pursuant
direction of education, health, as well as other services of ICCs/IPs, in order to
to national and customary laws; the right to an informed and intelligent
render such services more responsive to the needs and desires of these
participation in the formulation and implementation of any project,
communities.
government or private, that will affect or impact upon the ancestral domains
Towards these ends, the State shall institute and establish the necessary and to receive just and fair compensation for any damages which they sustain
mechanisms to enforce and guarantee the realization of these rights, taking into as a result of the project; and the right to effective measures by the
consideration their customs, traditions, values, beliefs, their rights to their ancestral government to prevent any interfere with, alienation and encroachment upon
domains. these rights;
c. Right to Stay in the Territories- The right to stay in the territory and not be
Section 3(h) removed therefrom. No ICCs/IPs will be relocated without their free and prior
informed consent, nor through any means other than eminent domain. Where
h) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of relocation is considered necessary as an exceptional measure, such relocation
people or homogenous societies identified by self-ascription and ascription by shall take place only with the free and prior informed consent of the ICCs/IPs
other, who have continuously lived as organized community on communally concerned and whenever possible, they shall be guaranteed the right to return
bounded and defined territory, and who have, under claims of ownership since time to their ancestral domains, as soon as the grounds for relocation cease to exist.
immemorial, occupied, possessed customs, tradition and other distinctive cultural When such return is not possible, as determined by agreement or through
traits, or who have, through resistance to political, social and cultural inroads of appropriate procedures, ICCs/IPs shall be provided in all possible cases with
colonization, non-indigenous religions and culture, became historically lands of quality and legal status at least equal to that of the land previously
differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples occupied by them, suitable to provide for their present needs and future
who are regarded as indigenous on account of their descent from the populations development. Persons thus relocated shall likewise be fully compensated for
which inhabited the country, at the time of conquest or colonization, or at the time any resulting loss or injury;

12 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
d. Right in Case of Displacement. - In case displacement occurs as a result of race, colour, sex, language, religion, political or other opinion, national or social
natural catastrophes, the State shall endeavor to resettle the displaced origin, property, birth or other status.
ICCs/IPs in suitable areas where they can have temporary life support system: 2. Where not already provided for by existing legislative or other measures, each
Provided, That the displaced ICCs/IPs shall have the right to return to their State Party to the present Covenant undertakes to take the necessary steps, in
abandoned lands until such time that the normalcy and safety of such lands accordance with its constitutional processes and with the provisions of the
shall be determined: Provided, further, That should their ancestral domain present Covenant, to adopt such legislative or other measures as may be
cease to exist and normalcy and safety of the previous settlements are not necessary to give effect to the rights recognized in the present Covenant.
possible, displaced ICCs/IPs shall enjoy security of tenure over lands to which 3. Each State Party to the present Covenant undertakes:
they have been resettled: Provided, furthermore, That basic services and a. To ensure that any person whose rights or freedoms as herein recognized
livelihood shall be provided to them to ensure that their needs are adequately are violated shall have an effective remedy, notwithstanding that the
addressed: violation has been committed by persons acting in an official capacity;
e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant b. To ensure that any person claiming such a remedy shall have his right
settlers and organizations into the domains; thereto determined by competent judicial, administrative or legislative
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall authorities, or by any other competent authority provided for by the legal
have access to integrated systems for the management of their inland waters system of the State, and to develop the possibilities of judicial remedy;
and air space; c. To ensure that the competent authorities shall enforce such remedies
g. Right to Claim Parts of Reservations. - The right to claim parts of the when granted.
ancestral domains which have been reserved for various purposes, except
those reserved and intended for common and public welfare and service; and Article 21, UDHR
h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with
(1) Everyone has the right to take part in the government of his country, directly
customary laws of the area where the land is located, and only in default
or through freely chosen representatives
thereof shall the complaints be submitted to amicable settlement and to the
(2) Everyone has the right to equal access to public service in his country
Courts of Justice whenever necessary.
(3) The will of the people shall be the basis of the authority of government, this
B. Right to Participate in Public Affairs (necessary to uphold right to self- will shall be expressed in periodic and genuine elections which shall be by
determination) universal and equal suffrage and shall be held by secret vote or by equivalent
free voting procedures
Article 25 ICCPR, Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without unreasonable restrictions: Article 5. UN Convention on the Elimination of all forms of Racial Discrimination
(a) To take part in the conduct of public affairs, directly or through freely chosen
Article 7. UN Convention on the Elimination of all Forms of Discrimination against
representatives; (6) To vote and to be elected at genuine periodic elections which
Women
shall be by universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors; States Parties shall take all appropriate measures to eliminate discrimination
(c) To have access, on general terms of equality, to public service in his country. against women in the political and public life of the country and, in particular, shall
ensure to women, on equal terms with men, the right:
Article 2, ICCPR
(a) To vote in all elections and public referenda and to be eligible for election to all
1. Each State Party to the present Covenant undertakes to respect and to ensure
publicly elected bodies;
to all individuals within its territory and subject to its jurisdiction the rights
recognized in the present Covenant, without distinction of any kind, such as

13 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(b) To participate in the formulation of government policy and the implementation 2. No disadvantage shall result for any person belonging to a minority as the
thereof and to hold public office and perform all public functions at all levels of consequence of the exercise or non-exercise of the rights set forth in the
government; present Declaration.
(c) To participate in non-governmental organizations and associations concerned
with the public and political life of the country. Article 4
1. States shall take measures where required to ensure that persons belonging to
1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic minorities may exercise fully and effectively all their human rights and
and Linguistic Minorities fundamental freedoms without any discrimination and in full equality before
the law.
Article 1 2. States shall take measures to create favourable conditions to enable persons
1. States shall protect the existence and the national or ethnic, cultural, religious belonging to minorities to express their characteristics and to develop their
and linguistic identity of minorities within their respective territories and shall culture, language, religion, traditions and customs, except where specific
encourage conditions for the promotion of that identity. practices are in violation of national law and contrary to international
2. States shall adopt appropriate legislative and other measures to achieve those standards.
ends. 3. States should take appropriate measures so that, wherever possible, persons
belonging to minorities may have adequate opportunities to learn their mother
Article 2
tongue or to have instruction in their mother tongue.
1. Persons belonging to national or ethnic, religious and linguistic minorities
4. States should, where appropriate, take measures in the field of education, in
(hereinafter referred to as persons belonging to minorities) have the right to
order to encourage knowledge of the history, traditions, language and culture
enjoy their own culture, to profess and practise their own religion, and to use
of the minorities existing within their territory. Persons belonging to
their own language, in private and in public, freely and without interference or
minorities should have adequate opportunities to gain knowledge of the
any form of discrimination.
society as a whole.
2. Persons belonging to minorities have the right to participate effectively in
5. States should consider appropriate measures so that persons belonging to
cultural, religious, social, economic and public life.
minorities may participate fully in the economic progress and development in
3. Persons belonging to minorities have the right to participate effectively in
their country.
decisions on the national and, where appropriate, regional level concerning the
minority to which they be long or the regions in which they live, in a manner Article 5
not incompatible with national legislation. 1. National policies and programmes shall be planned and implemented with due
4. Persons belonging to minorities have the right to establish and maintain their regard for the legitimate interests of persons belonging to minorities.
own associations. 2. Programmes of cooperation and assistance among States should be planned
5. Persons belonging to minorities have the right to establish and maintain, and implemented with due regard for the legitimate interests of persons
without any discrimination, free and peaceful contacts with other members of belonging to minorities.
their group and with persons belonging to other minorities, as well as contacts
across frontiers with citizens of other States to whom they are related by Article 6 States should cooperate on questions relating to persons belonging to
national or ethnic, religious or linguistic ties. minorities, inter alia, exchanging information and experiences, in order to promote
mutual understanding and confidence.
Article 3
1. Persons belonging to minorities may exercise their rights, including those set Article 7 States should cooperate in order to promote respect for the rights set forth
forth in the present Declaration, individually as well as in community with in the present Declaration.
other members of their group, without any discrimination.

14 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Article 8 Article 2. States Parties condemn discrimination against women in all its forms,
1. Nothing in the present Declaration shall prevent the fulfilment of international agree to pursue by all appropriate means and without delay a policy of eliminating
obligations of States in relation to persons belonging to minorities. In discrimination against women and, to this end, undertake:
particular States shall fulfil in good faith the obligations and commitments they
have assumed under international treaties and agreements to which they are (a) To embody the principle of the equality of men and women in their national
parties. The exercise of the rights set forth in the present Declaration shall constitutions or other appropriate legislation if not yet incorporated therein
prejudice the enjoyment by all persons of universally recognized human rights and to ensure, through law and other appropriate means, the practical
and fundamental freedoms. realization of this principle;
2. Measures taken by States to ensure the effective enjoyment of the rights set (b) To adopt appropriate legislative and other measures, including sanctions
forth in the present Declaration shall not prima facie be considered contrary to where appropriate, prohibiting all discrimination against women;
the principle of equality contained in the Universal Declaration of Human (c) To establish legal protection of the rights of women on an equal basis with men
Rights. and to ensure through competent national tribunals and other public
3. Nothing in the present Declaration may be construed as permitting any activity institutions the effective protection of women against any act of
contrary to the purposes and principles of the United Nations, including discrimination;
sovereign equality, territorial integrity and political independence of States. (d) To refrain from engaging in any act or practice of discrimination against
women and to ensure that public authorities and institutions shall act in
Article 9 The specialized agencies and other organizations of the United Nations conformity with this obligation;
system shall contribute to the full realization of the rights and principles set forth in (e) To take all appropriate measures to eliminate discrimination against women
the present Declaration, within their respective fields of competence. by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish
C. Right to Environment existing laws, regulations, customs and practices which constitute
discrimination against women;
Stockholm Declaration, Principle I
(g) To repeal all national penal provisions which constitute discrimination against
OPOSA VS. FACTORAN; Resident Marine Mammals Protected Seascape Tanon women.
Straight, e.g Toothed Whales Dolphions vs. Secretary Reyes (April 2015)
Article 3. States Parties shall take in all fields, in particular in the political, social,
II. VULNERABLE SECTORS economic and cultural fields, all appropriate measures, including legislation, to en
sure the full development and advancement of women , for the purpose of
A. Women guaranteeing them the exercise and enjoyment of human rights and fundamental
freedoms on a basis of equality with men.
Article 1- 8 CEDAW
Article 4
Article 1. For the purposes of the present Convention, the term "discrimination
against women" shall mean any distinction, exclusion or restriction made on the 1. Adoption by States Parties of temporary special measures aimed at
basis of sex which has the effect or purpose of impairing or nullifying the accelerating de facto equality between men and women shall not be
recognition, enjoyment or exercise by women, irrespective of their marital status, on considered discrimination as defined in the present Convention, but shall in no
a basis of equality of men and women, of human rights and fundamental freedoms in way entail as a consequence the maintenance of unequal or separate
the political, economic, social, cultural, civil or any other field. standards; these measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.

15 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
2. Adoption by States Parties of special measures, including those measures ARTICLE II Women shall be eligible for election to all publicly elected bodies,
contained in the present Convention, aimed at protecting maternity shall not established by national law, on equal terms with men, without any discrimination.
be considered discriminatory.
ARTICLE III Women shall be entitled to hold public office and to exercise all public
Article 5. States Parties shall take all appropriate measures: functions, established by national law, on equal terms with men, without any
discrimination.
(a) To modify the social and cultural patterns of conduct of men and women, with
a view to achieving the elimination of prejudices and customary and all other Article XIII Sec 14, 1987 Constitution
practices which are based on the idea of the inferiority or the superiority of
either of the sexes or on stereotyped roles for men and women; The State shall protect working women by providing safe and healthful working
(b) To ensure that family education includes a proper understanding of maternity conditions, taking into account their maternal functions, and such facilities and
as a social function and the recognition of the common responsibility of men opportunities that will enhance their welfare and enable them to realize their full
and women in the upbringing and development of their children, it being potential in the service of the nation.
understood that the interest of the children is the primordial consideration in
Article 135 Labor Code
all cases.
Discrimination prohibited. It shall be unlawful for any employer to discriminate
Article 6. States Parties shall take all appropriate measures, including legislation, to
against any woman employee with respect to terms and conditions of employment
suppress all forms of traffic in women and exploitation of prostitution of women
solely on account of her sex.
Article 7. States Parties shall take all appropriate measures to eliminate
The following are acts of discrimination:
discrimination against women in the political and public life of the country and, in
particular, shall ensure to women, on equal terms with men, the right: Payment of a lesser compensation, including wage, salary or other form of
remuneration and fringe benefits, to a female employee as against a male employee,
(a) To vote in all elections and public referenda and to be eligible for election to all
for work of equal value; and
publicly elected bodies;
(b) To participate in the formulation of government policy and the implementation Favoring a male employee over a female employee with respect to promotion,
thereof and to hold public office and perform all public functions at all levels of training opportunities, study and scholarship grants solely on account of their sexes.
government;
(c) To participate in non-governmental organizations and associations concerned Criminal liability for the willful commission of any unlawful act as provided in this
with the public and political life of the country. Article or any violation of the rules and regulations issued pursuant to Section 2
hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided,
Article 8. States Parties shall take all appropriate measures to ensure to women, on That the institution of any criminal action under this provision shall not bar the
equal terms with men and without any discrimination, the opportunity to represent aggrieved employee from filing an entirely separate and distinct action for money
their Governments at the international level and to participate in the work of claims, which may include claims for damages and other affirmative reliefs. The
international organizations. actions hereby authorized shall proceed independently of each other. (As amended
by Republic Act No. 6725, May 12, 1989)
Convention on Political Rights of Women (1953)
Article 69, 96, 124 Family Code
ARTICLE I Women shall be entitled to vote in all elections on equal terms with men,
without any discrimination. Special Laws

16 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
RA 7877 Anti Sexual Harassment Act of 1995 Section 5. Liability of the Employer, Head of Office, Educational or Training
Institution. - The employer or head of office, educational or training institution shall
Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - be solidarily liable for damages arising from the acts of sexual harassment
Work, education or training-related sexual harassment is committed by an committed in the employment, education or training environment if the employer or
employer, employee, manager, supervisor, agent of the employer, teacher, head of office, educational or training institution is informed of such acts by the
instructor, professor, coach, trainor, or any other person who, having authority, offended party and no immediate action is taken.
influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the Section 7. Penalties. - Any person who violates the provisions of this Act shall, upon
other, regardless of whether the demand, request or requirement for submission is conviction, be penalized by imprisonment of not less than one (1) month nor more
accepted by the object of said Act. than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor
more than Twenty thousand pesos (P20,000), or both such fine and imprisonment
(a) In a work-related or employment environment, sexual harassment is committed at the discretion of the court.
when:
Any action arising from the violation of the provisions of this Act shall prescribe in
(1) The sexual favor is made as a condition in the hiring or in the employment, three (3) years.
re-employment or continued employment of said individual, or in granting
said individual favorable compensation, terms of conditions, promotions, or RA 9208 Anti Trafficking in Persons Act
privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way would Section 3. Definition of Terms. - As used in this Act:
discriminate, deprive or diminish employment opportunities or otherwise
(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or
adversely affect said employee;
harboring, or receipt of persons with or without the victim's consent or knowledge,
(2) The above acts would impair the employee's rights or privileges under
within or across national borders by means of threat or use of force, or other forms
existing labor laws; or
of coercion, abduction, fraud, deception, abuse of power or of position, taking
(3) The above acts would result in an intimidating, hostile, or offensive
advantage of the vulnerability of the person, or, the giving or receiving of payments
environment for the employee.
or benefits to achieve the consent of a person having control over another person
(b) In an education or training environment, sexual harassment is committed: for the purpose of exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor or services,
(1) Against one who is under the care, custody or supervision of the offender; slavery, servitude or the removal or sale of organs.
(2) Against one whose education, training, apprenticeship or tutorship is
entrusted to the offender; The recruitment, transportation, transfer, harboring or receipt of a child for the
(3) When the sexual favor is made a condition to the giving of a passing grade, or purpose of exploitation shall also be considered as "trafficking in persons" even if it
the granting of honors and scholarships, or the payment of a stipend, does not involve any of the means set forth in the preceding paragraph.
allowance or other benefits, privileges, or consideration; or
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,
(4) When the sexual advances result in an intimidating, hostile or offensive
natural or juridical, to commit any of the following acts:
environment for the student, trainee or apprentice.
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
Any person who directs or induces another to commit any act of sexual harassment
means, including those done under the pretext of domestic or overseas
as herein defined, or who cooperates in the commission thereof by another without
employment or training or apprenticeship, for the purpose of prostitution,
which it would not have been committed, shall also be held liable under this Act.

17 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
pornography, sexual exploitation, forced labor, slavery, involuntary servitude (d) To assist in the conduct of misrepresentation or fraud for purposes of
or debt bondage; facilitating the acquisition of clearances and necessary exit documents from
(b) To introduce or match for money, profit, or material, economic or other government agencies that are mandated to provide pre-departure registration
consideration, any person or, as provided for under Republic Act No. 6955, and services for departing persons for the purpose of promoting trafficking in
any Filipino woman to a foreign national, for marriage for the purpose of persons;
acquiring, buying, offering, selling or trading him/her to engage in (e) To facilitate, assist or help in the exit and entry of persons from/to the country
prostitution, pornography, sexual exploitation, forced labor, slavery, at international and local airports, territorial boundaries and seaports who are
involuntary servitude or debt bondage; in possession of unissued, tampered or fraudulent travel documents for the
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, purpose of promoting trafficking in persons;
buying, offering, selling, or trading them to engage in prostitution, (f) To confiscate, conceal, or destroy the passport, travel documents, or personal
pornography, sexual exploitation, forced labor or slavery, involuntary documents or belongings of trafficked persons in furtherance of trafficking or
servitude or debt bondage; to prevent them from leaving the country or seeking redress from the
(d) To undertake or organize tours and travel plans consisting of tourism government or appropriate agencies; and
packages or activities for the purpose of utilizing and offering persons for (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or
prostitution, pornography or sexual exploitation; services of a person held to a condition of involuntary servitude, forced labor,
(e) To maintain or hire a person to engage in prostitution or pornography; or slavery.
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude Section 6. Qualified Trafficking in Persons. - The following are considered as
or debt bondage; qualified trafficking:
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or
(a) When the trafficked person is a child;
use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
(b) When the adoption is effected through Republic Act No. 8043, otherwise
of removal or sale of organs of said person; and
known as the "Inter-Country Adoption Act of 1995" and said adoption is for the
(h) To recruit, transport or adopt a child to engage in armed activities in the
purpose of prostitution, pornography, sexual exploitation, forced labor,
Philippines or abroad.
slavery, involuntary servitude or debt bondage;
Section 5. Acts that Promote Trafficking in Persons. - The following acts which (c) When the crime is committed by a syndicate, or in large scale. Trafficking is
promote or facilitate trafficking in persons, shall be unlawful: deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed
(a) To knowingly lease or sublease, use or allow to be used any house, building or committed in large scale if committed against three (3) or more persons,
establishment for the purpose of promoting trafficking in persons; individually or as a group;
(b) To produce, print and issue or distribute unissued, tampered or fake (d) When the offender is an ascendant, parent, sibling, guardian or a person who
counseling certificates, registration stickers and certificates of any government exercises authority over the trafficked person or when the offense is
agency which issues these certificates and stickers as proof of compliance with committed by a public officer or employee;
government regulatory and pre-departure requirements for the purpose of (e) When the trafficked person is recruited to engage in prostitution with any
promoting trafficking in persons; member of the military or law enforcement agencies;
(c) To advertise, publish, print, broadcast or distribute, or cause the (f) When the offender is a member of the military or law enforcement agencies;
advertisement, publication, printing, broadcasting or distribution by any and
means, including the use of information technology and the internet, of any (g) When by reason or on occasion of the act of trafficking in persons, the offended
brochure, flyer, or any propaganda material that promotes trafficking in party dies, becomes insane, suffers mutilation or is afflicted with Human
persons;

18 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome Section 11. Use of Trafficked Persons. - Any person who buys or engages the
(AIDS). services of trafficked persons for prostitution shall be penalized as follows:

Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial (a) First offense - six (6) months of community service as may be determined by
of an offense under this Act, law enforcement officers, prosecutors, judges, court the court and a fine of Fifty thousand pesos (P50,000.00); and
personnel and medical practitioners, as well as parties to the case, shall recognize (b) Second and subsequent offenses - imprisonment of one (1) year and a fine of
the right to privacy of the trafficked person and the accused. Towards this end, law One hundred thousand pesos (P100,000.00).
enforcement officers, prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and impartial proceeding, and Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in
after considering all circumstances for the best interest of the parties, order a ten (10) years: Provided, however, that trafficking cases committed by a syndicate or
closed-door investigation, prosecution or trial. The name and personal in a large scale as defined under Section 6 shall prescribe in twenty (20) years.
circumstances of the trafficked person or of the accused, or any other information
The prescriptive period shall commence to run from the day on which the trafficked
tending to establish their identities and such circumstances or information shall not
person is delivered or released from the conditions of bondage and shall be
be disclosed to the public.
interrupted by the filing of the complaint or information and shall commence to run
In cases when prosecution or trial is conducted behind closed-doors, it shall be again when such proceedings terminate without the accused being convicted or
unlawful for any editor, publisher, and reporter or columnist in case of printed acquitted or are unjustifiably stopped for any reason not imputable to the accused.
materials, announcer or producer in case of television and radio, producer and
Section 13. Exemption from Filing Fees. - When the trafficked person institutes a
director of a film in case of the movie industry, or any person utilizing tri-media
separate civil action for the recovery of civil damages, he/she shall be exempt from
facilities or information technology to cause publicity of any case of trafficking in
the payment of filing fees.
persons.
Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery,
Section 10. Penalties and Sanctions. - The following penalties and sanctions are
rehabilitation and reintegration into the mainstream of society, concerned
hereby established for the offenses enumerated in this Act:
government agencies shall make available the following services to trafficked
(a) Any person found guilty of committing any of the acts enumerated in Section 4 persons:
shall suffer the penalty of imprisonment of twenty (20) years and a fine of not
(a) Emergency shelter or appropriate housing;
less than One million pesos (P1,000,000.00) but not more than Two million
(b) Counseling;
pesos (P2,000,000.00);
(c) Free legal services which shall include information about the victims' rights
(b) Any person found guilty of committing any of the acts enumerated in Section 5
and the procedure for filing complaints, claiming compensation and such other
shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not
legal remedies available to them, in a language understood by the trafficked
less than Five hundred thousand pesos (P500,000.00) but not more than One
person;
million pesos (P1,000,000.00);
(d) Medical or psychological services;
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
(e) Livelihood and skills training; and
penalty of life imprisonment and a fine of not less than Two million pesos
(f) Educational assistance to a trafficked child.
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00);
(d) Any person who violates Section 7 hereof shall suffer the penalty of Sustained supervision and follow through mechanism that will track the progress of
imprisonment of six (6) years and a fine of not less than Five hundred recovery, rehabilitation and reintegration of the trafficked persons shall be adopted
thousand pesos (P500,000.00) but not more than One million pesos and carried out.
(P1,000,000.00);

19 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Section 24. Other Services for Trafficked Persons. - a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child
as a sex object, making demeaning and sexually suggestive remarks,
(a) Legal Assistance. - Trafficked persons shall be considered under the category physically attacking the sexual parts of the victim's body, forcing her/him to
"Overseas Filipino in Distress" and may avail of the legal assistance created by watch obscene publications and indecent shows or forcing the woman or her
Republic Act No. 8042, subject to the guidelines as provided by law. child to do indecent acts and/or make films thereof, forcing the wife and
(b) Overseas Filipino Resource Centers. - The services available to overseas mistress/lover to live in the conjugal home or sleep together in the same
Filipinos as provided for by Republic Act No. 8042 shall also be extended to room with the abuser;
trafficked persons regardless of their immigration status in the host country. b) acts causing or attempting to cause the victim to engage in any sexual activity
(c) The Country Team Approach. - The country team approach under Executive by force, threat of force, physical or other harm or threat of physical or other
Order No. 74 of 1993, shall be the operational scheme under which Philippine harm or coercion;
embassies abroad shall provide protection to trafficked persons insofar as the c) Prostituting the woman or child.
promotion of their welfare, dignity and fundamental rights are concerned.
C. "Psychological violence" refers to acts or omissions causing or likely to cause
Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with mental or emotional suffering of the victim such as but not limited to intimidation,
DOLE and other appropriate agencies, shall have the primary responsibility for the harassment, stalking, damage to property, public ridicule or humiliation, repeated
repatriation of trafficked persons, regardless of whether they are documented or verbal abuse and mental infidelity. It includes causing or allowing the victim to
undocumented. witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography in any form or to witness
If, however, the repatriation of the trafficked persons shall expose the victims to
abusive injury to pets or to unlawful or unwanted deprivation of the right to custody
greater risks, the DFA shall make representation with the host government for the
and/or visitation of common children.
extension of appropriate residency permits and protection, as may be legally
permissible in the host country. D. "Economic abuse" refers to acts that make or attempt to make a woman financially
dependent which includes, but is not limited to the following:
RA 9262 Anti-Violence Against Women and their Children Act
1. Withdrawal of financial support or preventing the victim from engaging in
SECTION 3. Definition of Terms. - As used in this Act,
any legitimate profession, occupation, business or activity, except in cases
(a) "Violence against women and their children" refers to any act or a series of acts wherein the other spouse/partner objects on valid, serious and moral
committed by any person against a woman who is his wife, former wife, or against a grounds as defined in Article 73 of the Family Code;
woman with whom the person has or had a sexual or dating relationship, or with 2. Deprivation or threat of deprivation of financial resources and the right to
whom he has a common child, or against her child whether legitimate or the use and enjoyment of the conjugal, community or property owned in
illegitimate, within or without the family abode, which result in or is likely to result common;
in physical, sexual, psychological harm or suffering, or economic abuse including 3. Destroying household property;
threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation 4. Controlling the victims' own money or properties or solely controlling the
of liberty. It includes, but is not limited to, the following acts: conjugal money or properties.

A. "Physical Violence" refers to acts that include bodily or physical harm; (b) "Battery" refers to an act of inflicting physical harm upon the woman or her child
resulting to the physical and psychological or emotional distress.
B. "Sexual violence" refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to: (c) "Battered Woman Syndrome" refers to a scientifically defined pattern of
psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
20 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(d) "Stalking" refers to an intentional act committed by a person who, knowingly or child. This shall include, but not limited to, the following acts committed
and without lawful justification follows the woman or her child or places the woman with the purpose or effect of controlling or restricting the woman's or her
or her child under surveillance directly or indirectly or a combination thereof. child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman or her child of
(e) "Dating relationship" refers to a situation wherein the parties live as husband custody to her/his family;
and wife without the benefit of marriage or are romantically involved over time and (2) Depriving or threatening to deprive the woman or her children of
on a continuing basis during the course of the relationship. A casual acquaintance or financial support legally due her or her family, or deliberately providing
ordinary socialization between two individuals in a business or social context is not the woman's children insufficient financial support;
a dating relationship. (3) Depriving or threatening to deprive the woman or her child of a legal
right;
(f) "Sexual relations" refers to a single sexual act which may or may not result in the
(4) Preventing the woman in engaging in any legitimate profession,
bearing of a common child.
occupation, business or activity or controlling the victim's own mon4ey
(g) "Safe place or shelter" refers to any home or institution maintained or managed or properties, or solely controlling the conjugal or common money, or
by the Department of Social Welfare and Development (DSWD) or by any other properties;
agency or voluntary organization accredited by the DSWD for the purposes of this (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
Act or any other suitable place the resident of which is willing temporarily to controlling her actions or decisions;
receive the victim. (g) Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force or threat of force, physical
(h) "Children" refers to those below eighteen (18) years of age or older but are harm, or through intimidation directed against the woman or her child or
incapable of taking care of themselves as defined under Republic Act No. 7610. As her/his immediate family;
used in this Act, it includes the biological children of the victim and other children (h) Engaging in purposeful, knowing, or reckless conduct, personally or through
under her care. another, that alarms or causes substantial emotional or psychological distress
to the woman or her child. This shall include, but not be limited to, the
SECTION 4. Construction. - This Act shall be liberally construed to promote the following acts:
protection and safety of victims of violence against women and their children. (1) Stalking or following the woman or her child in public or private places;
(2) Peering in the window or lingering outside the residence of the woman
SECTION 5. Acts of Violence Against Women and Their Children. - The crime of or her child;
violence against women and their children is committed through any of the (3) Entering or remaining in the dwelling or on the property of the woman
following acts: or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting harm to
(a) Causing physical harm to the woman or her child;
animals or pets of the woman or her child; and
(b) Threatening to cause the woman or her child physical harm;
(5) Engaging in any form of harassment or violence;
(c) Attempting to cause the woman or her child physical harm;
(i) Causing mental or emotional anguish, public ridicule or humiliation to the
(d) Placing the woman or her child in fear of imminent physical harm;
woman or her child, including, but not limited to, repeated verbal and
(e) Attempting to compel or compelling the woman or her child to engage in
emotional abuse, and denial of financial support or custody of minor children
conduct which the woman or her child has the right to desist from or desist
of access to the woman's child/children.
from conduct which the woman or her child has the right to engage in, or
attempting to restrict or restricting the woman's or her child's freedom of SECTION 6. Penalties. - The crime of violence against women and their children,
movement or conduct by force or threat of force, physical or other harm or under Section 5 hereof shall be punished according to the following rules:
threat of physical or other harm, or intimidation directed against the woman

21 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(a) Acts falling under Section 5(a) constituting attempted, frustrated or protection order (PPO). The protection orders that may be issued under this Act
consummated parricide or murder or homicide shall be punished in shall include any, some or all of the following reliefs:
accordance with the provisions of the Revised Penal Code.
(a) Prohibition of the respondent from threatening to commit or committing,
If these acts resulted in mutilation, it shall be punishable in accordance with personally or through another, any of the acts mentioned in Section 5 of this
the Revised Penal Code; those constituting serious physical injuries shall have Act;
the penalty of prison mayor; those constituting less serious physical injuries (b) Prohibition of the respondent from harassing, annoying, telephoning,
shall be punished by prision correccional; and those constituting slight physical contacting or otherwise communicating with the petitioner, directly or
injuries shall be punished by arresto mayor. indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner,
Acts falling under Section 5(b) shall be punished by imprisonment of two regardless of ownership of the residence, either temporarily for the purpose of
degrees lower than the prescribed penalty for the consummated crime as protecting the petitioner, or permanently where no property rights are
specified in the preceding paragraph but shall in no case be lower than arresto violated, and if respondent must remove personal effects from the residence,
mayor. the court shall direct a law enforcement agent to accompany the respondent
has gathered his things and escort respondent from the residence;
(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor; (d) Directing the respondent to stay away from petitioner and designated family
(c) Acts falling under Section 5(e) shall be punished by prision correccional; or household member at a distance specified by the court, and to stay away
(d) Acts falling under Section 5(f) shall be punished by arresto mayor; from the residence, school, place of employment, or any specified place
(e) Acts falling under Section 5(g) shall be punished by prision mayor; frequented by the petitioner and any designated family or household member;
(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision (e) Directing lawful possession and use by petitioner of an automobile and other
mayor. essential personal effects, regardless of ownership, and directing the
appropriate law enforcement officer to accompany the petitioner to the
If the acts are committed while the woman or child is pregnant or committed in the residence of the parties to ensure that the petitioner is safely restored to the
presence of her child, the penalty to be applied shall be the maximum period of possession of the automobile and other essential personal effects, or to
penalty prescribed in the section. supervise the petitioner's or respondent's removal of personal belongings;
(f) Granting a temporary or permanent custody of a child/children to the
In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of petitioner;
not less than One hundred thousand pesos (P100,000.00) but not more than three (g) Directing the respondent to provide support to the woman and/or her child if
hundred thousand pesos (300,000.00); (b) undergo mandatory psychological entitled to legal support. Notwithstanding other laws to the contrary, the court
counseling or psychiatric treatment and shall report compliance to the court. shall order an appropriate percentage of the income or salary of the
respondent to be withheld regularly by the respondent's employer for the
SECTION 8. Protection Orders. - A protection order is an order issued under this
same to be automatically remitted directly to the woman. Failure to remit
act for the purpose of preventing further acts of violence against a woman or her
and/or withhold or any delay in the remittance of support to the woman
child specified in Section 5 of this Act and granting other necessary relief. The relief
and/or her child without justifiable cause shall render the respondent or his
granted under a protection order serve the purpose of safeguarding the victim from
employer liable for indirect contempt of court;
further harm, minimizing any disruption in the victim's daily life, and facilitating the
(h) Prohibition of the respondent from any use or possession of any firearm or
opportunity and ability of the victim to independently regain control over her life.
deadly weapon and order him to surrender the same to the court for
The provisions of the protection order shall be enforced by law enforcement
appropriate disposition by the court, including revocation of license and
agencies. The protection orders that may be issued under this Act are the barangay
disqualification to apply for any license to use or possess a firearm. If the
protection order (BPO), temporary protection order (TPO) and permanent
offender is a law enforcement agent, the court shall order the offender to
22 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
surrender his firearm and shall direct the appropriate authority to investigate SECTION 28. Custody of children. – The woman victim of violence shall be entitled
on the offender and take appropriate action on matter; to the custody and support of her child/children. Children below seven (7) years old
(i) Restitution for actual damages caused by the violence inflicted, including, but older but with mental or physical disabilities shall automatically be given to the
not limited to, property damage, medical expenses, childcare expenses and loss mother, with right to support, unless the court finds compelling reasons to order
of income; otherwise.
(j) Directing the DSWD or any appropriate agency to provide petitioner may need;
and A victim who is suffering from battered woman syndrome shall not be disqualified
(k) Provision of such other forms of relief as the court deems necessary to protect from having custody of her children. In no case shall custody of minor children be
and provide for the safety of the petitioner and any designated family or given to the perpetrator of a woman who is suffering from Battered woman
household member, provided petitioner and any designated family or syndrome.
household member consents to such relief.
SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and
Any of the reliefs provided under this section shall be granted even in the absence of LGU's shall provide the victims temporary shelters, provide counseling, psycho-
a decree of legal separation or annulment or declaration of absolute nullity of social services and /or, recovery, rehabilitation programs and livelihood assistance.
marriage.
The DOH shall provide medical assistance to victims.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a
SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide
petitioner from applying for, or the court from granting a TPO or PPO.
rehabilitative counseling and treatment to perpetrators towards learning
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall constructive ways of coping with anger and emotional outbursts and reforming
prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall their ways. When necessary, the offender shall be ordered by the Court to submit to
prescribe in ten (10) years. psychiatric treatment or confinement.

SECTION 25. Public Crime. – Violence against women and their children shall be SECTION 42. Training of Persons Involved in Responding to Violence Against
considered a public offense which may be prosecuted upon the filing of a complaint Women and their Children Cases. – All agencies involved in responding to violence
by any citizen having personal knowledge of the circumstances involving the against women and their children cases shall be required to undergo education and
commission of the crime. training to acquaint them with:

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who a. the nature, extend and causes of violence against women and their children;
are found by the courts to be suffering from battered woman syndrome do not incur b. the legal rights of, and remedies available to, victims of violence against
any criminal and civil liability notwithstanding the absence of any of the elements women and their children;
for justifying circumstances of self-defense under the Revised Penal Code. c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest and to offer
In the determination of the state of mind of the woman who was suffering from protection and assistance; and
battered woman syndrome at the time of the commission of the crime, the courts e. techniques for handling incidents of violence against women and their children
shall be assisted by expert psychiatrists/ psychologists. that minimize the likelihood of injury to the officer and promote the safety of
the victim or survivor.
SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit
drug, or any other mind-altering substance shall not be a defense under this Act. The PNP, in coordination with LGU's shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against women and their children.

23 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a NERY VS. LORENZO (1972)
paid leave of absence up to ten (10) days in addition to other paid leaves under the
Labor Code and Civil Service Rules and Regulations, extendible when the necessity To it is cast the duty of protecting the rights of persons or individual who because of
arises as specified in the protection order. age or incapacity are in an unfavorable position, vis-a-vis other parties. Unable as
they are to take due care of what concerns them, they have the political community
Any employer who shall prejudice the right of the person under this section shall be to look after their welfare. This obligation the state must live up to. It cannot be
penalized in accordance with the provisions of the Labor Code and Civil Service recreant to such a trust.
Rules and Regulations. Likewise, an employer who shall prejudice any person for
assisting a co-employee who is a victim under this Act shall likewise be liable for Child Abuse, Sexual Abuse and Exploitation and Trafficking
discrimination.
Article 34, 35 Convention on the Rights of a Child – Governments should protect
SECTION 44. Confidentiality. – All records pertaining to cases of violence against children from sexual abuse. Governments should make sure that children are not
women and their children including those in the barangay shall be confidential and abducted or sold.
all public officers and employees and public or private clinics to hospitals shall
RA 7610 - Section 3. Definition of Terms. –
respect the right to privacy of the victim. Whoever publishes or causes to be
published, in any format, the name, address, telephone number, school, business (a) "Children" refers to person below eighteen (18) years of age or those over but
address, employer, or other identifying information of a victim or an immediate are unable to fully take care of themselves or protect themselves from abuse,
family member, without the latter's consent, shall be liable to the contempt power of neglect, cruelty, exploitation or discrimination because of a physical or mental
the court. disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of the child
Any person who violates this provision shall suffer the penalty of one (1) year
which includes any of the following:
imprisonment and a fine of not more than Five Hundred Thousand pesos
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse and
(P500,000.00).
emotional maltreatment;
RA 9710 Magna Carta for Women (2) Any act by deeds or words which debases, degrades or demeans the
intrinsic worth and dignity of a child as a human being;
B. Children (3) Unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
Article II Section 12, 1987 Constitution – The State recognizes the sanctity of (4) Failure to immediately give medical treatment to an injured child
family life and shall protect and strengthen the family as a basic autonomous social resulting in serious impairment of his growth and development or in his
institution. It shall equally protect the life of the mother and the life of the unborn permanent incapacity or death.
from conception. The natural and primary right and duty of parents in the rearing of (c) "Circumstances which gravely threaten or endanger the survival and normal
the youth for civic efficiency and the development of moral character shall receive development of children" include, but are not limited to, the following;
the support of the Government. (1) Being in a community where there is armed conflict or being affected by
armed conflict-related activities;
Doctrine of Parens Patriae
(2) Working under conditions hazardous to life, safety and normal which
Article 27, Convention on the Rights of the Child – Children have the right to a unduly interfere with their normal development;
standard of living that is good enough to meet their physical and mental needs. The (3) Living in or fending for themselves in the streets of urban or rural areas
government should help families who cannot afford to provide this. without the care of parents or a guardian or basic services needed for a
good quality of life;

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(4) Being a member of a indigenous cultural community and/or living under (b) Those who commit the act of sexual intercourse of lascivious conduct with a
conditions of extreme poverty or in an area which is underdeveloped child exploited in prostitution or subject to other sexual abuse; Provided, That
and/or lacks or has inadequate access to basic services needed for a good when the victims is under twelve (12) years of age, the perpetrators shall be
quality of life; prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No.
(5) Being a victim of a man-made or natural disaster or calamity; or 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as
(6) Circumstances analogous to those abovestated which endanger the life, the case may be: Provided, That the penalty for lascivious conduct when the
safety or normal development of children. victim is under twelve (12) years of age shall be reclusion temporal in its
(d) "Comprehensive program against child abuse, exploitation and discrimination" medium period; and
refers to the coordinated program of services and facilities to protected (c) Those who derive profit or advantage therefrom, whether as manager or
children against: owner of the establishment where the prostitution takes place, or of the sauna,
(1) Child Prostitution and other sexual abuse; disco, bar, resort, place of entertainment or establishment serving as a cover or
(2) Child trafficking; which engages in prostitution in addition to the activity for which the license
(3) Obscene publications and indecent shows; has been issued to said establishment.
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit
development of children. child prostitution under Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said child inside the room or
ARTICLE III cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
Child Prostitution and Other Sexual Abuse establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
Section 5. Child Prostitution and Other Sexual Abuse. – Children, whether male or about to be exploited in prostitution and other sexual abuse.
female, who for money, profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious There is also an attempt to commit child prostitution, under paragraph (b) of
conduct, are deemed to be children exploited in prostitution and other sexual abuse. Section 5 hereof when any person is receiving services from a child in a sauna parlor
or bath, massage clinic, health club and other similar establishments. A penalty
The penalty of reclusion temporal in its medium period to reclusion perpetua shall lower by two (2) degrees than that prescribed for the consummated felony under
be imposed upon the following: Section 5 hereof shall be imposed upon the principals of the attempt to commit the
crime of child prostitution under this Act, or, in the proper case, under the Revised
(a) Those who engage in or promote, facilitate or induce child prostitution which
Penal Code.
include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute; ARTICLE IV
(2) Inducing a person to be a client of a child prostitute by means of written Child Trafficking
or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as Section 7. Child Trafficking. – Any person who shall engage in trading and dealing
prostitute; with children including, but not limited to, the act of buying and selling of a child for
(4) Threatening or using violence towards a child to engage him as a money, or for any other consideration, or barter, shall suffer the penalty of reclusion
prostitute; or temporal to reclusion perpetua. The penalty shall be imposed in its maximum
(5) Giving monetary consideration goods or other pecuniary benefit to a child period when the victim is under twelve (12) years of age.
with intent to engage such child in prostitution.
Section 8. Attempt to Commit Child Trafficking. – There is an attempt to commit
child trafficking under Section 7 of this Act:
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XU – College of Law, 2019-2020
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(a) When a child travels alone to a foreign country without valid reason therefor (a) Any person who shall commit any other acts of child abuse, cruelty or
and without clearance issued by the Department of Social Welfare and exploitation or to be responsible for other conditions prejudicial to the child's
Development or written permit or justification from the child's parents or legal development including those covered by Article 59 of Presidential Decree No.
guardian; 603, as amended, but not covered by the Revised Penal Code, as amended, shall
(b) When a person, agency, establishment or child-caring institution recruits suffer the penalty of prision mayor in its minimum period.
women or couples to bear children for the purpose of child trafficking; or (b) Any person who shall keep or have in his company a minor, twelve (12) years
(c) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil or under or who in ten (10) years or more his junior in any public or private
registrar or any other person simulates birth for the purpose of child place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or
trafficking; or massage parlor, beach and/or other tourist resort or similar places shall suffer
(d) When a person engages in the act of finding children among low-income the penalty of prision mayor in its maximum period and a fine of not less than
families, hospitals, clinics, nurseries, day-care centers, or other child-during Fifty thousand pesos (P50,000): Provided, That this provision shall not apply
institutions who can be offered for the purpose of child trafficking. to any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the
A penalty lower two (2) degrees than that prescribed for the consummated felony performance of a social, moral or legal duty.
under Section 7 hereof shall be imposed upon the principals of the attempt to (c) Any person who shall induce, deliver or offer a minor to any one prohibited by
commit child trafficking under this Act. this Act to keep or have in his company a minor as provided in the preceding
paragraph shall suffer the penalty of prision mayor in its medium period and a
ARTICLE V
fine of not less than Forty thousand pesos (P40,000); Provided, however, That
Obscene Publications and Indecent Shows
should the perpetrator be an ascendant, stepparent or guardian of the minor,
Section 9. Obscene Publications and Indecent Shows. – Any person who shall hire, the penalty to be imposed shall be prision mayor in its maximum period, a fine
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions of not less than Fifty thousand pesos (P50,000), and the loss of parental
and indecent shows, whether live or in video, or model in obscene publications or authority over the minor.
pornographic materials or to sell or distribute the said materials shall suffer the (d) Any person, owner, manager or one entrusted with the operation of any public
penalty of prision mayor in its medium period. or private place of accommodation, whether for occupancy, food, drink or
otherwise, including residential places, who allows any person to take along
If the child used as a performer, subject or seller/distributor is below twelve (12) with him to such place or places any minor herein described shall be imposed a
years of age, the penalty shall be imposed in its maximum period. penalty of prision mayor in its medium period and a fine of not less than Fifty
thousand pesos (P50,000), and the loss of the license to operate such a place or
Any ascendant, guardian, or person entrusted in any capacity with the care of a child establishment.
who shall cause and/or allow such child to be employed or to participate in an (e) Any person who shall use, coerce, force or intimidate a street child or any other
obscene play, scene, act, movie or show or in any other acts covered by this section child to;
shall suffer the penalty of prision mayor in its medium period. (1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
ARTICLE VI (3) Conduct any illegal activities, shall suffer the penalty of prision correccional
Other Acts of Abuse in its medium period to reclusion perpetua.
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other For purposes of this Act, the penalty for the commission of acts punishable under
Conditions Prejudicial to the Child's Development. – Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be reclusion
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 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
perpetua when the victim is under twelve (12) years of age. The penalty for the The Department of Labor Employment shall promulgate rules and regulations
commission of acts punishable under Article 337, 339, 340 and 341 of Act No. 3815, necessary for the effective implementation of this Section.
as amended, the Revised Penal Code, for the crimes of qualified seduction, acts of
lasciviousness with the consent of the offended party, corruption of minors, and Section 13. Non-formal Education for Working Children. – The Department of
white slave trade, respectively, shall be one (1) degree higher than that imposed by Education, Culture and Sports shall promulgate a course design under its non-
law when the victim is under twelve (12) years age. formal education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or
The victim of the acts committed under this section shall be entrusted to the care of secondary education. Such course design shall integrate the learning process
the Department of Social Welfare and Development. deemed most effective under given circumstances.

ARTICLE VIII Section 14. Prohibition on the Employment of Children in Certain

Working Children Advertisements. – No person shall employ child models in all commercials or
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
Section 12. Employment of Children. – Children below fifteen (15) years of age may byproducts and violence.
be employed except:
Section 16. Penalties. – Any person who shall violate any provision of this Article
(1) When a child works directly under the sole responsibility of his parents or shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but
legal guardian and where only members of the employer's family are not more than Ten thousand pesos (P10,000) or imprisonment of not less than
employed: Provided, however, That his employment neither endangers his life, three (3) months but not more than three (3) years, or both at the discretion of the
safety and health and morals, nor impairs his normal development: Provided, court; Provided, That, in case of repeated violations of the provisions of this Article,
further, That the parent or legal guardian shall provide the said minor child the offender's license to operate shall be revoked.
with the prescribed primary and/or secondary education; or
(2) When a child's employment or participation in public & entertainment or ARTICLE X
information through cinema, theater, radio or television is essential: Provided, Children in Situations of Armed Conflict
The employment contract concluded by the child's parent or guardian, with the
express agreement of the child concerned, if possible, and the approval of the Section 22. Children as Zones of Peace. – Children are hereby declared as Zones of
Department of Labor and Employment: Provided, That the following Peace. It shall be the responsibility of the State and all other sectors concerned to
requirements in all instances are strictly complied with: resolve armed conflicts in order to promote the goal of children as zones of peace.
(a) The employer shall ensure the protection, health, safety and morals of the To attain this objective, the following policies shall be observed.
child;
(a) Children shall not be the object of attack and shall be entitled to special
(b) the employer shall institute measures to prevent the child's exploitation or
respect. They shall be protected from any form of threat, assault, torture or
discrimination taking into account the system and level of remuneration, and
other cruel, inhumane or degrading treatment;
the duration and arrangement of working time; and;
(b) Children shall not be recruited to become members of the Armed Forces of the
(c) The employer shall formulate and implement, subject to the approval and
Philippines of its civilian units or other armed groups, nor be allowed to take
supervision of competent authorities, a continuing program for training and
part in the fighting, or used as guides, couriers, or spies;
skill acquisition of the child.
(c) Delivery of basic social services such as education, primary health and
In the above exceptional cases where any such child may be employed, the employer emergency relief services shall be kept unhampered;
shall first secure, before engaging such child, a work permit from the Department of (d) The safety and protection of those who provide services including those
Labor and Employment which shall ensure observance of the above requirement. involved in fact-finding missions from both government and non-government

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XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
institutions shall be ensured. They shall not be subjected to undue harassment had reached eighteen (18) years of age or, for a shorter period as the court may
in the performance of their work; deem proper, after considering the reports and recommendations of the
(e) Public infrastructure such as schools, hospitals and rural health units shall not Department of Social Welfare and Development or the agency or responsible
be utilized for military purposes such as command posts, barracks, individual under whose care he has been committed.
detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families The aforesaid child shall subject to visitation and supervision by a representative of
temporarily separated due to armed conflict. the Department of Social Welfare and Development or any duly-licensed agency or
such other officer as the court may designate subject to such conditions as it may
Section 23. Evacuation of Children During Armed Conflict. – Children shall be prescribe.
given priority during evacuation as a result of armed conflict. Existing community
organizations shall be tapped to look after the safety and well-being of children The aforesaid child whose sentence is suspended can appeal from the order of the
during evacuation operations. Measures shall be taken to ensure that children court in the same manner as appeals in criminal cases.
evacuated are accompanied by persons responsible for their safety and well-being.
ARTICLE XII
Section 24. Family Life and Temporary Shelter. – Whenever possible, members of Common Penal Provisions
the same family shall be housed in the same premises and given separate
Section 31. Common Penal Provisions. –
accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and (a) The penalty provided under this Act shall be imposed in its maximum period
children shall be given additional food in proportion to their physiological needs. if the offender has been previously convicted under this Act;
Whenever feasible, children shall be given opportunities for physical exercise, (b) When the offender is a corporation, partnership or association, the officer or
sports and outdoor games. employee thereof who is responsible for the violation of this Act shall suffer
the penalty imposed in its maximum period;
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict. –
(c) The penalty provided herein shall be imposed in its maximum period when
Any child who has been arrested for reasons related to armed conflict, either as
the perpetrator is an ascendant, parent guardian, stepparent or collateral
combatant, courier, guide or spy is entitled to the following rights;
relative within the second degree of consanguinity or affinity, or a manager
(a) Separate detention from adults except where families are accommodated as or owner of an establishment which has no license to operate or its license
family units; has expired or has been revoked;
(b) Immediate free legal assistance; (d) When the offender is a foreigner, he shall be deported immediately after
(c) Immediate notice of such arrest to the parents or guardians of the child; and service of sentence and forever barred from entry to the country;
(d) Release of the child on recognizance within twenty-four (24) hours to the (e) The penalty provided for in this Act shall be imposed in its maximum period
custody of the Department of Social Welfare and Development or any if the offender is a public officer or employee: Provided, however, That if the
responsible member of the community as determined by the court. penalty imposed is reclusion perpetua or reclusion temporal, then the
penalty of perpetual or temporary absolute disqualification shall also be
If after hearing the evidence in the proper proceedings the court should find that the imposed: Provided, finally, That if the penalty imposed is prision correccional
aforesaid child committed the acts charged against him, the court shall determine or arresto mayor, the penalty of suspension shall also be imposed; and
the imposable penalty, including any civil liability chargeable against him. However, (f) A fine to be determined by the court shall be imposed and administered as a
instead of pronouncing judgment of conviction, the court shall suspend all further cash fund by the Department of Social Welfare and Development and
proceedings and shall commit such child to the custody or care of the Department of disbursed for the rehabilitation of each child victim, or any immediate
Social Welfare and Development or to any training institution operated by the member of his family if the latter is the perpetrator of the offense.
Government, or duly-licensed agencies or any other responsible person, until he has
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XU – College of Law, 2019-2020
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Protocol II to the Geneva Convention Article 3. Rights of the Child. - All children shall be entitled to the rights herein set
forth without distinction as to legitimacy or illegitimacy, sex, social status, religion,
Article 4 (3). Children shall be provided with the care and aid they require, and in political antecedents, and other factors.
particular:
(1) Every child is endowed with the dignity and worth of a human being from the
(a) They shall receive an education, including religious and moral education, in moment of his conception, as generally accepted in medical parlance, and has,
keeping with the wishes of their parents or, in the absence of parents, of those therefore, the right to be born well.
responsible for their care; (2) Every child has the right to a wholesome family life that will provide him with
(b) All appropriate steps shall be taken to facilitate the reunion of families love, care and understanding, guidance and counseling, and moral and material
temporarily separated; security.
(c) Children who have not attained the age of fifteen years shall neither be
recruited in the armed forces or groups nor allowed to take part in hostilities; The dependent or abandoned child shall be provided with the nearest
(d) The special protection provided by this Article to children who have not substitute for a home.
attained the age of fifteen years shall remain applicable to them if they take a
direct part in hostilities despite the provisions of sub-paragraph (c) and are (3) Every child has the right to a well-rounded development of his personality to
captured; (e) Measures shall be taken, if necessary, and whenever possible the end that he may become a happy, useful and active member of society.
with the consent of their parents or persons who by law or custom are
primarily responsible for their care, to remove children temporarily from the The gifted child shall be given opportunity and encouragement to develop his
area in which hostilities are taking place to a safer area within the country and special talents.
ensure that they are accompanied by persons responsible for their safety and
well-being. The emotionally disturbed or socially maladjusted child shall be treated with
sympathy and understanding, and shall be entitled to treatment and
Article 40 Convention on the Rights of Child
competent care.
Children who are accused of breaking the law should receive legal help. Prison The physically or mentally handicapped child shall be given the treatment,
sentences for children should only be used for the most serious offences. education and care required by his particular condition.

PD 603 Child and Youth Warfare Code (4) Every child has the right to a balanced diet, adequate clothing, sufficient
shelter, proper medical attention, and all the basic physical requirements of a
TITLE I healthy and vigorous life.
GENERAL PRINCIPLES (5) Every child has the right to be brought up in an atmosphere of morality and
rectitude for the enrichment and the strengthening of his character.
Article 1. Declaration of Policy. - The Child is one of the most important assets of (6) Every child has the right to an education commensurate with his abilities and
the nation. Every effort should be exerted to promote his welfare and enhance his to the development of his skills for the improvement of his capacity for service
opportunities for a useful and happy life. to himself and to his fellowmen.
(7) Every child has the right to full opportunities for safe and wholesome
Article 2. Title and Scope of Code. - The Code shall be known as the Child and Youth
recreation and activities, individual as well as social, for the wholesome use of
Welfare Code. It shall apply to persons below twenty-one years of age except those
his leisure hours.
emancipated in accordance with law. "Child" or "minor" or "youth" as used in this
(8) Every child has the right to protection against exploitation, improper
Code, shall refer to such persons.
influences, hazards, and other conditions or circumstances prejudicial to his
physical, mental, emotional, social and moral development.
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XU – College of Law, 2019-2020
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(9) Every child has the right to live in a community and a society that can offer him and secondary schools, subject to the requirements of the Constitution and existing
an environment free from pernicious influences and conducive to the laws.
promotion of his health and the cultivation of his desirable traits and
attributes. Article 82. Assistance to Churches. - Insofar as may be allowed by the Constitution,
(10)Every child has the right to the care, assistance, and protection of the State, the government shall extend to all churches, without discrimination or preference,
particularly when his parents or guardians fail or are unable to provide him every opportunity to exercise their influence and disseminate their teachings.
with his fundamental needs for growth, development, and improvement.
Article 83. Parents. - Parents shall admonish their children to heed the teachings of
(11)Every child has the right to an efficient and honest government that will
their Church and to perform their religious duties. Whenever possible, parents shall
deepen his faith in democracy and inspire him with the morality of the
accompany their children to the regular devotion of their Church and other religious
constituted authorities both in their public and private lives.
ceremonies.
(12)Every child has the right to grow up as a free individual, in an atmosphere of
peace, understanding, tolerance, and universal brotherhood, and with the Article 111. Right to Self-Organization. - Working children shall have the same
determination to contribute his share in the building of a better world. freedoms as adults to join the collective bargaining union of their own choosing in
accordance with existing law.
Article 8. Child's Welfare Paramount. - In all questions regarding the care, custody,
education and property of the child, his welfare shall be the paramount Neither management nor any collective bargaining union shall threaten or coerce
consideration. working children to join, continue or withdraw as members of such union.
Article 56. Choice of career. - The child shall have the right to choose his own Article 173. Admission of Disabled Children. - The Department of Social Welfare,
career. Parents may advise him on this matter but should not impose on him their upon the application of the parents or guardians and the recommendation of any
own choice. reputable diagnostic center or clinic, shall refer and/or admit disabled children to
any public or private institution providing the proper care, training and
Article 57. Marriage. - Subject to the provisions of the Civil Code, the child shall
rehabilitation.
have the prerogative of choosing his future spouse. Parents should not force or
unduly influence him to marry a person he has not freely chosen. "Disabled children" as used in this Chapter shall include mentally retarded,
physically handicapped, emotionally disturbed, and severe mentally ill children.
Article 71. Admission to Schools. - The state shall see to it that no child is refused
admission in public schools. All parents are required to enroll their children in Article 174. Training and Opportunities for Disabled Children. - Specialized
schools to complete, at least, an elementary education. educational services shall be expanded and improved to provide appropriate
opportunities for disabled children. Vocational rehabilitation and manpower
Article 79. Rights of the Church. - The State shall respect the rights of the Church in
conservation agencies shall train disabled children for specialized types of jobs,
matters affecting the religious and moral upbringing of the child.
services and business which could be learned only by them and shall help provide
Article 80. Establishment of Schools. - All churches and religious orders, opportunities for their future occupational placement: That the agencies and
congregations or groups may, conformably to law, establish schools for the purpose organizations engaged in programs and services for the disabled need not be limited
of educating children in accordance with the tenets of their religion. to minors. Persons of legal age may be admitted whenever facilities are available for
them.
Article 81. Religious Instruction. - The religious education of children in all public
and private schools is a legitimate concern of the Church to which the students C. Persons with Disabilities
belong. All churches may offer religious instruction in public and private elementary
RA 7277 Magna Carta for Disabled Persons

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Sec. 2. Declaration of Policy — The grant of the rights and privileges for disabled (b) Impairment is any loss, diminution or aberration of psychological,
persons shall be guided by the following principles: physiological, or anatomical structure or function;
(c) Disability shall mean 1) a physical or mental impairment that substantially
(a) Disabled persons are part of Philippine society, thus the State shall give full limits one or more psychological, physiological or anatomical function of an
support to the improvement of the total well-being of disabled persons and individual or activities of such individual; 2) a record of such an impairment;
their integration into the mainstream of society. Toward this end, the State or 3) being regarded as having such an impairment;
shall adopt policies ensuring the rehabilitation, self-development and self- (d) Handicap refers to a disadvantage for a given individual, resulting from an
reliance of disabled persons. It shall develop their skills and potentials to impairment or a disability, that limits or prevents the function or activity, that
enable them to compete favorably for available opportunities. is considered normal given the age and sex of the individual;
(b) Disabled persons have the same rights as other people to take their proper
place in society. They should be able to live freely and as independently as TITLE II
possible. This must be the concern of everyone — the family, community and RIGHTS AND PRIVILEGES OF DISABLED PERSONS
all government and nongovernment organizations. Disabled persons' rights CHAPTER I
must never be perceived as welfare services by the Government.
(c) The rehabilitation of the disabled persons shall be the concern of the EMPLOYMENT
Government in order to foster their capacity to attain a more meaningful,
Sec. 5. Equal Opportunity for Employment. — No disable person shall be denied
productive and satisfying life. To reach out to a greater number of disabled
access to opportunities for suitable employment. A qualified disabled employee
persons, the rehabilitation services and benefits shall be expanded beyond the
shall be subject to the same terms and conditions of employment and the same
traditional urban-based centers to community based programs, that will
compensation, privileges, benefits, fringe benefits, incentives or allowances as a
ensure full participation of different sectors as supported by national and local
qualified able bodied person. Five percent (5%) of all casual emergency and
government agencies.
contractual positions in the Departments of Social Welfare and Development;
(d) The State also recognizes the role of the private sector in promoting the
Health; Education, Culture and Sports; and other government agencies, offices or
welfare of disabled persons and shall encourage partnership in programs that
corporations engaged in social development shall be reserved for disabled persons.
address their needs and concerns.
Sec. 6. Sheltered Employment — If suitable employment for disabled persons cannot
(e) To facilitate integration of disabled persons into the mainstream of society, the
be found through open employment as provided in the immediately preceding
State shall advocate for and encourage respect for disabled persons. The State
Section, the State shall endeavor to provide it by means of sheltered employment. In
shall exert all efforts to remove all social, cultural, economic, environmental
the placement of disabled persons in sheltered employment, it shall accord due
and attitudinal barriers that are prejudicial to disabled persons.
regard to the individual qualities, vocational goals and inclinations to ensure a good
Sec. 3. Coverage. — This Act shall cover all disabled persons and, to the extent working atmosphere and efficient production.
herein provided, departments, offices and agencies of the National Government or
Sec. 7. Apprenticeship. — Subject to the provisions of the Labor Code as amended,
nongovernment organizations involved in the attainment of the objectives of this
disabled persons shall be eligible as apprentices or learners: Provided, That their
Act.
handicap is not as much as to effectively impede the performance of job operations
Sec. 4. Definition of Terms. — For purposes of this Act, these terms are defined as in the particular occupation for which they are hired; Provided, further, That after
follows: the lapse of the period of apprenticeship, if found satisfactory in the job
performance, they shall be eligible for employment.
(a) Disabled persons are those suffering from restriction or different abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in Sec. 8. Incentives for Employers. — (a) To encourage the active participation of the
the manner or within the range considered normal for a human being; private sector in promoting the welfare of disabled persons and to ensure gainful
employment for qualified disabled persons, adequate incentives shall be provided to
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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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private entities which employ disabled persons. (b) Private entities that employ CHAPTER II
disabled persons who meet the required skills or qualifications, either as regular EDUCATION
employee, apprentice or learner, shall be entitled to an additional deduction, from
their gross income, equivalent to twenty-five percent (25%) of the total amount Sec. 12. Access to Quality Education. — The State shall ensure that disabled
paid as salaries and wages to disabled persons: Provided, however, That such persons are provided with access to quality education and ample opportunities to
entities present proof as certified by the Department of Labor and Employment that develop their skills. It shall take appropriate steps to make such education
disabled persons are under their employ: Provided, further, That the disabled accessible to all disabled persons. It shall be unlawful for any learning institution to
employee is accredited with the Department of Labor and Employment and the deny a disabled person admission to any course it offers by reason of handicap or
Department of Health as to his disability, skills and qualifications. (c) Private entities disability. The State shall take into consideration the special requirements of
that improve or modify their physical facilities in order to provide reasonable disabled persons in the formulation of educational policies and programs. It shall
accommodation for disabled persons shall also be entitled to an additional encourage learning institutions to take into account the special needs of disabled
deduction from their net taxable income, equivalent to fifty percent (50%) of the persons with respect to the use of school facilities, class schedules, physical
direct costs of the improvements or modifications. This Section, however, does not education requirements, and other pertinent consideration. The State shall also
apply to improvements or modifications of facilities required under Batas Pambansa promote the provision by learning institutions, especially higher learning
Bilang 344. institutions of auxiliary services that will facilitate the learning process for disabled
persons.
Sec. 9. Vocational Rehabilitation. — Consistent with the principle of equal
opportunity for disabled workers and workers in general, the State shall take Sec. 13. Assistance to Disabled Students. — The State shall provide financial
appropriate vocational rehabilitation measures that shall serve to develop the skills assistance to economically marginalized but deserving disabled students pursuing
and potentials of disabled persons and enable them to compete favorably for post-secondary or tertiary education. Such assistance may be in the form of
available productive and remunerative employment opportunities in the labor scholarship grants, student loan programs, subsidies, and other incentives to
market. The State shall also take measures to ensure the provision of vocational qualified disabled students in both public and private schools. At least five percent
rehabilitation and livelihood services for disabled persons in the rural areas. In (5%) of the allocation for the Private Education Student Financial Assistance
addition, it shall promote cooperation and coordination between the government Program created by virtue of R.A. 6725 shall be set aside for disabled students
and nongovernmental organizations and other private entities engaged in pursuing vocational or technical and degree courses.
vocational rehabilitation activities. The Department of Social Welfare and
Sec. 14. Special Education. — The State shall establish, maintain and support
Development shall design and implement training programs that will provide
complete, adequate and integrated system of special education for the visually
disabled persons with vocational skills to enable them to engage in livelihood
impaired, hearing impaired, mentally retarded persons and other types of
activities or obtain gainful employment. The Department of Labor and Employment
exceptional children in all regions of the country. Toward this end, the Department
shall likewise design and conduct training programs geared towards providing
of Education, Culture and Sports shall establish, special education classes in public
disabled persons with skills for livelihood.
schools in cities, or municipalities. It shall also establish, where viable, Braille and
Sec. 10. Vocational Guidance and Counseling. — The Department of Social and Record Libraries in provinces, cities or municipalities.
Welfare and Development, shall implement measures providing and evaluating
The National Government shall allocate funds necessary for the effective
vocational guidance and counseling to enable disabled persons to secure, retain and
implementation of the special education program nationwide. Local government
advance in employment. It shall ensure the availability and training of counselors
units may likewise appropriate counterpart funds to supplement national funds.
and other suitably qualified staff responsible for the vocational guidance and
counseling of disabled persons. Sec. 15. Vocational or Technical and Other Training Programs. — The State shall
provide disabled persons with training in civics, vocational efficiency, sports and
physical fitness, and other skills. The Department of Education, Culture and Sports
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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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shall establish in at least one government-owned vocational and technical school in (b) aids and orthopedic devices for the disabled sent by abroad by mail for repair:
every province a special vocational and technical training program for disabled Provided, That the aforesaid items are for personal purposes only: Provided,
persons. It shall develop and implement sports and physical fitness programs further, That the disabled person is a marginalized disabled as certified by the
specifically designed for disabled persons taking into consideration the nature of Social Welfare and Development Office of the local government unit concerned
their handicap. or the Department of Social Welfare and Development.

Sec. 16. Non-Formal Education. — The State shall develop non-formal education CHAPTER VI
programs intended for the total human development of disabled persons. It shall ACCESSIBILITY
provide adequate resources for non-formal education programs and projects that
cater to the special needs of disabled persons. Sec. 25. Barrier-Free Environment. — The State shall ensure the attainment of a
barrier-free environment that will enable disabled persons to have access in public
Sec. 17. State Universities and Colleges. — If viable and needed, the State and private buildings and establishments and such other places mentioned in Batas
University or State College in each region or province shall be responsible for (a) the Pambansa Bilang 344, otherwise known as the "Accessibility Law". The national and
development of material appliances and technical aids for disabled persons; (b) the local governments shall allocate funds for the provision of architectural facilities or
development of training materials for vocational rehabilitation and special structural features for disabled persons in government buildings and facilities.
education instructions; (c) the research on special problems, particularly of the
visually-impaired, hearing impaired, speech-impaired, and orthopedically-impaired Sec. 26. Mobility. — The State shall promote the mobility of disabled persons.
students, mentally retarded, and multi-handicapped and others, and the elimination Disabled persons shall be allowed to drive motor vehicles, subject to the rules and
of social barriers and discrimination against disabled persons; and (d) inclusion of regulations issued by the Land Transportation Office pertinent to the nature of their
the Special Education for Disabled (SPED) course in the curriculum. The National disability and the appropriate adaptations or modifications made on such vehicles.
Government shall provide these state universities and colleges with necessary
Sec. 27. Access to Public Transport Facilities. — The Department of Social Welfare
special facilities for visually-impaired, hearing-impaired, speech-impaired, and
and Development shall develop a program to assist marginalized disabled persons
orthopedically-impaired students. It shall likewise allocate the necessary funds in
gain access in the use of public transport facilities. Such assistance may be in the
support of the above.
form of subsidized transportation fare. The said department shall also allocate such
Sec. 22. Broadcast Media. — Television stations shall be encouraged to provide a funds as may be necessary for the effective implementation of the public transport
sign language inset or subtitles in at least one (1) newscast program a day and program for the disabled persons. The "Accessibility Law", as amended, shall be
special programs covering events of national significance. made suppletory to this Act.

Sec. 23. Telephone Services. — All telephone companies shall be encouraged to Sec. 28. Implementing Rules and Regulations. — The Department of
install special telephone devices or units for the hearing-impaired and ensure that Transportation and Communications shall formulate the rules and regulations
they are commercially available to enable them to communicate through the necessary to implement the provisions of this Chapter.
telephone system.
CHAPTER VII
Sec. 24. Free Postal Charges for the Disabled. — Postal charges shall be free on the POLITICAL AND CIVIL RIGHTS
following:
Sec. 29. System of Voting. — Disabled persons shall be allowed to be assisted by a
(a) articles and literatures like books and periodicals, orthopedic and other person of his choice in voting in the national or local elections. The person thus
devices, and teaching aids for the use of the disabled sent by mail within the chosen shall prepare the ballot for the disabled voter inside the voting booth. The
Philippines and abroad; and person assisting shall bind himself in a formal document under oath to fill out the
ballot strictly in accordance with the instructions of the voter and not to reveal the

33 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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contents of the ballot prepared by him. Violation of this provision shall constitute an (f) Re-assigning or transferring a disabled employee to a job or position he cannot
election offense. Polling places should be made accessible to disabled persons perform by reason of his disability;
during national or local elections. (g) Dismissing or terminating the services of a disabled employee by reason of his
disability unless the employer can prove that he impairs the satisfactory
Sec. 30. Right to Assemble. — Consistent with the provisions of the Constitution, performance of the work involved to the prejudice of the business entity:
the State shall recognize the right of disabled persons to participate in processions, Provided, however, That the employer first sought to provide reasonable
rallies, parades, demonstrations, public meetings, and assemblages or other forms of accommodations for disabled persons;
mass or concerned action held in public. (h) Failing to select or administer in the most effective manner employment tests
which accurately reflect the skills, aptitude or other factor of the disabled
Sec. 31. Right to Organize. — The State recognizes the right of disabled persons to
applicant or employee that such tests purports to measure, rather than the
form organizations or associations that promote their welfare and advance or
impaired sensory, manual or speaking skills of such applicant or employee, if
safeguard their interests. The National Government, through its agencies,
any; and
instrumentalities and subdivisions, shall assist disabled persons in establishing self-
(i) Excluding disabled persons from membership in labor unions or similar
help organizations by providing them with necessary technical and financial
organizations.
assistance
Sec. 33. Employment Entrance Examination. — Upon an offer of employment, a
DISCRIMINATION ON EMPLOYMENT
disabled applicant may be subjected to medical examination, on the following
Sec. 32. Discrimination on Employment. — No entity, whether public or private, occasions:
shall discriminate against a qualified disabled person by reason of disability in
(a) all entering employees are subjected to such an examination regardless of
regard to job application procedures, the hiring, promotion, or discharge of
disability; information obtained during the medical condition or history of the
employees, employee compensation, job training, and other terms, conditions, and
applicant is collected and maintained on separate forms and in separate
privileges of employment. The following constitute acts of discrimination:
medical files and is treated as a confidential medical record; Provided,
(a) Limiting, segregating or classifying a disabled job applicant in such a manner however, That:
that adversely affects his work opportunities; (1) supervisors and managers may be informed regarding necessary
(b) Using qualification standards, employment tests or other selection criteria that restrictions on the work or duties of the employees and necessary
screen out or tend to screen out a disabled person unless such standards, tests accommodations;
or other selection criteria are shown to be job-related for the position in (2) first aid and safety personnel may be informed, when appropriate, if the
question and are consistent with business necessity; disability may require emergency treatment;
(c) Utilizing standards, criteria, or methods of administration that: (3) government officials investigating compliance with this Act shall be
(1) have the effect of discrimination on the basis of disability; or provided relevant information on request; and
(2) perpetuate the discrimination of others who are subject to common (4) the results of such examination are used only in accordance with this Act.
administrative control.
CHAPTER II
(d) Providing less compensation, such as salary, wage or other forms of
DISCRIMINATION ON TRANSPORTATION
remuneration and fringe benefits, to a qualified disabled employee, by reason
of his disability, than the amount to which a non-disabled person performing Sec. 34. Public Transportation. — It shall be considered discrimination for the
the same work is entitled; franchisees or operators and personnel of sea, land, and air transportation facilities
(e) Favoring a non-disabled employee over a qualified disabled employee with to charge higher fare or to refuse to convey a passenger, his orthopedic devices,
respect to promotion, training opportunities, study and scholarship grants, personal effects, and merchandise by reason of his disability.
solely on account of the latter's disability;
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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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CHAPTER III opportunities to an individual or entity because of the known disability of an
DISCRIMINATION ON THE USE OF PUBLIC ACCOMMODATIONS AND SERVICES individual with whom the individual or entity is known to have a relationship or
association.
Sec. 36. Discrimination on the Use of Public Accommodations. — (a) No disabled
person shall be discriminated on the basis of disability in the full and equal (e) Prohibitions — For purposes of this Section, the following shall be considered as
enjoyment of the goods, services, facilities, privileges, advantages or discriminatory:
accommodations of any place of public accommodation by any person who owns,
leases, or operates a place of public accommodation. The following constitute acts of (1) the imposition or application of eligibility criteria that screen out or tend to
discrimination: screen out an individual with a disability or any class or individuals with
disabilities from fully and equally enjoying any goods, services, facilities,
(1) denying a disabled person, directly or through contractual, licensing, or other privileges, advantages, or accommodations, unless such criteria can be
arrangement, the opportunity to participate in or benefit from the goods, shown to be necessary for the provision of the goods, services, facilities,
services, facilities, privileges, advantages, or accommodations of an entity by privileges, or accommodations being offered;
reason of his disability; (2) a failure to make reasonable modifications in policies, practices, or
(2) affording a disabled person, on the basis of his disability, directly or through procedures, when such modifications are necessary to afford such goods,
contractual, licensing, or other arrangement, with the opportunity to services, facilities, privileges, advantages, or accommodations to individuals
participate in or benefit from a good service, facility, privilege, advantage, or with disabilities, unless the entity can demonstrate that making such
accommodation that is not equal to that afforded to other able-bodied persons; modifications would fundamentally alter the nature of the goods, facilities,
and services, privileges, advantages, or accommodations;
(3) providing a disabled person, on the basis of his disability, directly or through (3) failure to take such steps as may be necessary to ensure that no individual
contractual, licensing, or other arrangement, with a good, service, facility, with a disability is excluded, denied services, segregated or otherwise treated
advantage, privilege, or accommodation that is different or separate form that differently than other individuals because of the absence of auxiliary aids and
provided to other able-bodied persons unless such action is necessary to services, unless the entity can demonstrate that taking such steps would
provide the disabled person with a good, service, facility, advantage, privilege, fundamentally alter the nature of the good, service, facility, privilege,
or accommodation, or other opportunity that is as effective as that provided to advantage or accommodation being offered or would result in undue burden;
others; For purposes of this Section, the term "individuals or class of (4) a failure to remove architectural barriers, and communication barriers that
individuals" refers to the clients or customers of the covered public are structural in nature, in existing facilities, where such removal is readily
accommodation that enters into the contractual, licensing or other achievable; and
arrangement. (5) where an entity can demonstrate that the removal of a barrier under clause
(4) is not readily achievable, a failure to make such goods, services, facilities,
(b) Integrated Settings — Goods, services, facilities, privileges, advantages, and privileges, advantages, or accommodations available through alternative
accommodations shall be afforded to individual with a disability in the most methods if such methods are readily achievable.
integrated setting appropriate to the needs of the individual.
Sec. 37. Use of Government Recreational or Sports Centers Free of Charge. —
(c) Opportunity to Participate — Notwithstanding the existence of separate or Recreational or sports centers owned or operated by the Government shall be used,
different programs or activities provided in accordance with this Section, an free of charge, by marginalized disabled persons during their social, sports or
individual with a disability shall not be denied the opportunity to participate in such recreational activities.
programs or activities that are not separate or different.
Sec. 42. Tax Incentives. — (a) Any donation, bequest, subsidy or financial aid which
(d) Association — It shall be discriminatory to exclude or otherwise deny equal may be made to government agencies engaged in the rehabilitation of disabled
goods, services, facilities, advantages, privileges, accommodations or other
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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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persons and organizations of disabled persons shall be exempt from the donor's tax imprisonment of not less than six (6) months but not more than two (2) years,
subject to the provisions of Section 94 of the National Internal Revenue Code or both at the discretion of the court; and
(NIRC), as amended and shall be allowed as deductions from the donor's gross (2) for any subsequent violation, a fine of not less than One hundred thousand
income for purposes of computing the taxable income subject to the provisions of pesos (P100,000.00) but not exceeding Two hundred thousand pesos
Section 29 (h) of the Code. (P200,000.00) or imprisonment for not less than two (2) years but not more
than six (6) years, or both at the discretion of the court.
(b) Donations from foreign countries shall be exempt from taxes and duties on
importation subject to the provisions of Section 105 of the Tariff and Customs Code (b) Any person who abuses the privileges granted herein shall be punished with
of the Philippines, as amended, Section 103 of the NIRC, as amended and other imprisonment of not less than six (6) months or a fine of not less than Five thousand
relevant laws and international agreements. (c) Local manufacturing or technical pesos (P5,000.00), but not more than Fifty thousand pesos (P50,000.00), or both, at
aids and appliances used by disabled persons shall be considered as a preferred the discretion of the court.
area of investment subject to the provisions of Executive Order No. 226 otherwise
known as the "Omnibus Investments Code of 1987" and, as such, shall enjoy the (c) If the violator is a corporation, organization or any similar entity, the officials
rights, privileges and incentives as provided in said Code such as, but not limited, to thereof directly involved shall be liable therefor.
the following:
(d) If the violator is an alien or a foreigner, he shall be deported immediately after
(1) repatriation of investments; service of sentence without further deportation proceedings.
(2) remittance of earnings;
UN DECLARATION OF THE RIGHTS OF PERSONS WITH DISABILITIES
(3) remittance of payments on foreign contracts;
(4) freedom from expropriations; BERNARDO VS. NLRC (1999)
(5) freedom from requisition of investment;
(6) income tax holiday; The noble objectives of Magna Carta for Disabled Persons are not based merely on
(7) additional deduction for labor expense; charity or accommodation, but on justice and the equal treatment of qualified
(8) tax and duty exemption on imported capital equipment; persons, disabled or not. In the present case, the handicap of petitioners (deaf-
(9) tax credit on domestic capital equipment; mutes) is not a hindrance to their work. The eloquent proof of this statement is the
(10) exemption from contractor's tax; repeated renewal of their employment contracts. Why then should they be
(11) simplification of customs procedures; dismissed, simply because they are physically impaired? The Court believes, that,
(12) unrestricted use of consigned equipment; after showing their fitness for the work assigned to them, they should be treated
(13) employment of foreign nationals; and granted the same rights like any other regular employees.
(14) tax credit for taxes and duties on raw materials;
(15) access to bonded manufacturing/traded warehouse system; D. Indigenous People
(16) exemption from taxes and duties on imported spare parts; and
(17) exemption from wharfage dues and any export tax, duty, impost and fee. Article XIV, Section 17 of 1987 Constitution – The State shall recognize, respect,
and protect the rights of indigenous cultural communities to preserve and develop
Sec. 46. Penal Clause. — (a) Any person who violates any provision of this Act shall their cultures, traditions, and institutions. It shall consider these rights in the
suffer the following penalties: formulation of national plans and policies.

(1) for the first violation, a fine of not less than Fifty thousand pesos (P50,000.00) RA 8731
but not exceeding One hundred thousand pesos (P100,000.00) or
E. Racial Discrimination

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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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Racial discrimination is any distinction, exclusion, restriction or preference based Article 2. General Obligations - Every refugee has duties to the country in which he
on race, colour, descent, or national or ethnic origin which has the purpose or effect finds himself, which require in particular that he conform to its laws and regulations
of nullifying or impairing the recognition, enjoyment or exercise, on an equal as well as to measures taken for the maintenance of public order.
footing, of human rights and fundamental freedoms in the political, economic, social,
cultural or any other field of public life Article 3. Non-Discrimination - The Contracting States shall apply the provisions of
this Convention to refugees without discrimination as to race, religion or country of
F. Genocide origin.

Violence against members of a national, ethnical, racial or religious group with the Article 4. Religion - The Contracting States shall accord to refugees within their
intent to destroy the entire group territories treatment at least as favourable as that accorded to their nationals with
respect to freedom to practice their religion and freedom as regards the religious
G. Refugees education of their children.

Article 1, 2- 4, 12, 15- 18, 31, 32 (17-20) Convention Relating to Status of Refugees Article 12. Personal Status.
and its Protocol
1. The personal status of a refugee shall be governed by the law of the country of
Article I A. For the purposes of the present Convention, the term “refugee” shall his domicile or, if he has no domicile, by the law of the country of his residence.
apply to any person who: 2. Rights previously acquired by a refugee and dependent on personal status,
more particularly rights attaching to marriage, shall be respected by a
(1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30
Contracting State, subject to compliance, if this be necessary, with the
June 1928 or under the Conventions of 28 October 1933 and 10 February
formalities required by the law of that State, provided that the right in question
1938, the Protocol of 14 September1939 or the Constitution of the
is one which would have been recognized by the law of that State had he not
International Refugee Organization; Decisions of non-eligibility taken by the
become a refugee.
International Refugee Organization during the period of its activities shall not
prevent the status of refugee being accorded to persons who fulfil the Article 15. Right of Association - As regards non-political and non-profit-making
conditions of paragraph 2 of this section; associations and trade unions the Contracting States shall accord to refugees
(2) As a result of events occurring before 1 January 1951 and owing to well- lawfully staying in their territory the most favourable treatment accorded to
founded fear of being persecuted for reasons of race, religion, nationality, nationals of a foreign country, in the same circumstances.
membership of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear, is unwilling to Article 16. Access to Courts
avail himself of the protection of that country; or who, not having a nationality
and being outside the country of his former habitual residence as a result of 1. A refugee shall have free access to the courts of law on the territory of all
such events, is unable or, owing to such fear, is unwilling to return to it. In the Contracting States.
case of a person who has more than one nationality, the term “the country of 2. A refugee shall enjoy in the Contracting State in which he has his habitual
his nationality” shall mean each of the countries of which he is a national, and a residence the same treatment as a national in matters pertaining to access to
person shall not be deemed to be lacking the protection of the country of his the Courts, including legal assistance and exemption from cautio judicatum
nationality if, without any valid reason based on well-founded fear, he has not solvi.
availed himself of the 3. A refugee shall be accorded in the matters referred to in paragraph 2 in
countries other than that in which he has his habitual residence the
treatment granted to a national of the country of his habitual residence.

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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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CHAPTER III 1. The Contracting States shall not apply to the movements of such refugees
Gainful Employment restrictions other than those which are necessary and such restrictions shall
only be applied until their status in the country is regularized or they obtain
Article 17. Wage-Earning Employment admission into another country. The Contracting States shall allow such
refugees a reasonable period and all the necessary facilities to obtain
1. The Contracting State shall accord to refugees lawfully staying in their territory
admission into another country.
the most favourable treatment accorded to nationals of a foreign country in the
same circumstances, as regards the right to engage in wage-earning employment. Article 32. Expulsion

2. In any case, restrictive measures imposed on aliens or the employment of aliens 1. The Contracting States shall not expel a refugee lawfully in their territory save
for the protection of the national labour market shall not be applied to a refugee on grounds of national security or public order.
who was already exempt from them at the date of entry into force of this Convention 2. The expulsion of such a refugee shall be only in pursuance of a decision
for the Contracting State concerned, or who fulfils one of the following conditions: reached in accordance with due process of law. Except where compelling
reasons of national security otherwise require, the refugee shall be allowed to
(a) He has completed three years’ residence in the country;
submit evidence to clear himself, and to appeal to and be represented for the
(b) He has a spouse possessing the nationality of the country of residence. A
purpose before competent authority or a person or persons specially
refugee may not invoke the benefits of this provision if he has abandoned his
designated by the competent authority.
spouse;
3. The Contracting States shall allow such a refugee a reasonable period within
(c) He has one or more children possessing the nationality of the country of
which to seek legal admission into another country. The Contracting States
residence.
reserve the right to apply during that period such internal measures as they
3. The Contracting States shall give sympathetic consideration to assimilating the may deem necessary.
rights of all refugees with regard to wage-earning employment to those of nationals,
Right of Asylum Article 14, UDHR
and in particular of those refugees who have entered their territory pursuant to
programmes of labour recruitment or under immigration schemes. (1) Everyone has the right to seek and enjoy in other countries asylum from
persecution (2) This right may not be invoked in the case of persecution genuinely
Article 18. Self-Employment
arising from non-political crimes or from acts contrary to the purposes and
The Contracting States shall accord to a refugee lawfully in their territory treatment principles of the United Nations
as favourable as possible and, in any event, not less favourable than that accorded to
H. Stateless Persons, Article 1 Convention on Stateless Person
aliens generally in the same circumstances, as regards the right to engage on his
own account in agriculture, industry, handicrafts and commerce and to establish 1. For the purpose of this Convention, the term "stateless person" means a person
commercial and industrial companies. who is not considered as a national by any State under the operation of its law.
2. This Convention shall not apply:
Article 31 Refugees Unlawfully in the Country of Refuge
i. To persons who are at present receiving from organs or agencies of the
The Contracting States shall not impose penalties, on account of their illegal entry or United Nations other than the United Nations High Commissioner for
presence, on refugees who, coming directly from a territory where their life or Refugees protection or assistance so long as they are receiving such
freedom was threatened in the sense of article 1, enter or are present in their protection or assistance;
territory without authorization, provided they present themselves without delay to ii. To persons who are recognized by the competent authorities of the
the authorities and show good cause for their illegal entry or presence. country in which they have taken residence as having the rights and

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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
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obligations which are attached to the possession of the nationality of that 2. The Committee shall bring any communications submitted to it under the
country; present Protocol to the attention of the State Party to the present Protocol
iii. To persons with respect to whom there are serious reasons for alleged to be violating any provision of the Covenant.
considering that: 3. Within six months, the receiving State shall submit to the Committee written
a. They have committed a crime against peace, a war crime, or a crime explanations or statements clarifying the matter and the remedy, if any, that
against humanity, as may have been taken by that State.
defined in the international instruments drawn up to make provisions 4. The Committee shall consider communications received under the present
in respect of such crimes; Protocol in the light of all written information made available to it by the
b. They have committed a serious non-political crime outside the individual and by the State Party concerned.
country of their residence prior to their admission to that country; 5. The Committee shall hold closed meetings when examining communications
c. They have been guilty of acts contrary to the purposes and principles under the present Protocol.
of the United Nations. 6. The Committee shall forward its views to the State Party concerned and to the
individual.
III. Remedies Against Human Rights Violations 7. Convention on the Elimination of all Forms of Racial Discrimination
8. Convention Against Torture, and other Cruel, Inhuman or Degrading
A. Remedies under UN Treaties
Punishment
1. Optional Protocol to ICCPR
Article 1
The Optional Protocol to the International Covenant on Civil and Political Rights is
1. For the purposes of this Convention, the term "torture" means any act by
an international treaty establishing an individual complaint mechanism for the
which severe pain or suffering, whether physical or mental, is intentionally
International Covenant on Civil and Political Rights (ICCPR). Parties or members
inflicted on a person for such purposes as obtaining from him or a third person
herein agree to recognize the competence of the UN Human Rights Committee to
information or a confession, punishing him for an act he or a third person has
consider complaints from individuals who claim their rights under the Covenant
committed or is suspected of having committed, or intimidating or coercing
have been violated.
him or a third person, or for any reason based on discrimination of any kind,
It was adopted by the UN General Assembly on 16 December 1966, and entered into when such pain or suffering is inflicted by or at the instigation of or with the
force on 23 March 1976. As of September 2013, it had 35 signatories and 115 states consent or acquiescence of a public official or other person acting in an official
parties. The Philippines signed last December 19, 1996 and ratified the treaty on capacity. It does not include pain or suffering arising only from, inherent in or
August 22, 1989.6 incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national
To Acquire Jurisdiction: legislation which does or may contain provisions of wider application.

1. Complainants must have exhausted all domestic remedies. Article 2

2. Anonymous complaints are not permitted.
3. Where the application of the remedies is unreasonably prolonged. 1. Each State Party shall take effective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.
Operation 2. No exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political instability or any other public emergency, may be
1. Individuals who claim that any of their rights enumerated in the Covenant have invoked as a justification of torture.
been violated and who have exhausted all available domestic remedies may
submit a written communication to the Committee for consideration.
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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
3. An order from a superior officer or a public authority may not be invoked as a Petition-information procedure (not petition-reparation procedure) Activated
justification of torture. by complaints from NGO sources that reveal: “a consistent pattern of gross and
reliably attested violations of human rights and fundamental freedoms”
Article 3
2. The 1235 Procedure (Public Debate)
1. No State Party shall expel, return ("refouler") or extradite a person to another
State where there are substantial grounds for believing that he would be in Authorized the Commission on Human Rights and its Sub-Commission to
danger of being subjected to torture. examine information relating to gross human rights violations
2. For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant considerations South Africa, Namibia, and Rhodesia were the initial States subject to the 1235
including, where applicable, the existence in the State concerned of a procedure
consistent pattern of gross, flagrant or mass violations of human rights.
3. The International Criminal Court Rome Statute (Genocide, war crimes, crimes
Article 4 against humanity)

1. Each State Party shall ensure that all acts of torture are offences under its Article 6 For the purpose of this Statute, ‘genocide’ means any of the following acts
criminal law. The same shall apply to an attempt to commit torture and to an committed with intent to destroy, in whole or in part, a national, ethnical, racial or
act by any person which constitutes complicity or participation in torture. religious group, as such:
2. Each State Party shall make these offences punishable by appropriate penalties
(a) Killing members of the group;
which take into account their grave nature.
(b) Causing serious bodily or mental harm to members of the group;
Article 16 (c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
1. Each State Party shall undertake to prevent in any territory under its (d) Imposing measures intended to prevent births within the group;
jurisdiction other acts of cruel, inhuman or degrading treatment or (e) Forcibly transferring children of the group to another group.
punishment which do not amount to torture as defined in article I, when such
acts are committed by or at the instigation of or with the consent or Article 7. Crimes against humanity
acquiescence of a public official or other person acting in an official capacity. In
1. For the purpose of this Statute, ‘crime against humanity’ means any of the
particular, the obligations contained in articles 10, 11, 12 and 13 shall apply
following acts when committed as part of a widespread or systematic attack
with the substitution for references to torture of references to other forms of
directed against any civilian population, with knowledge of the attack:
cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of (a) Murder;
any other international instrument or national law which prohibits cruel, (b) Extermination;
inhuman or degrading treatment or punishment or which relates to extradition (c) Enslavement;
or expulsion. (d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of
B. Punishment
fundamental rules of international law;
1. The 1503 Procedure or Confidential Procedure (f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;

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Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(h) Persecution against any identifiable group or collectivity on political, racial, IV. Remedies under National Law
national, ethnic, cultural, religious, gender as defined in paragraph or other
grounds that are universally recognized as impermissible under international A. Investigation by CHR
law, in connection with any act referred to in this paragraph or any crime
B. Writ of Habeas Corpus, Article III, Section 15
within the jurisdiction of the Court;
(i) Enforced disappearance of persons; The privilege of the writ of habeas corpus shall not be suspended except in cases of
(j) The crime of apartheid; invasion or rebellion, when the public safety requires it.
(k) Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health. Article VII, Section 18 - The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary, he may call out
Article 8. War crimes such armed forces to prevent or suppress lawless violence, invasion or rebellion. In
case of invasion or rebellion, when the public safety requires it, he may, for a period
1. The Court shall have jurisdiction in respect of war crimes in particular when
not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place
committed as part of a plan or policy or as part of a large-scale commission of
the Philippines or any part thereof under martial law. Within forty-eight hours from
such crimes.
the proclamation of martial law or the suspension of the privilege of the writ of
2. For the purpose of this Statute, ‘war crimes’ means:
habeas corpus, the President shall submit a report in person or in writing to the
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the Congress. The Congress, voting jointly, by a vote of at least a majority of all its
following acts against persons or property protected under the provisions of the Members in regular or special session, may revoke such proclamation or
relevant Geneva Convention: suspension, which revocation shall not be set aside by the President. Upon the
initiative of the President, the Congress may, in the same manner, extend such
i. Wilful killing; proclamation or suspension for a period to be determined by the Congress, if the
ii. Torture or inhuman treatment, including biological experiments; invasion or rebellion shall persist and public safety requires it.
iii. Wilfully causing great suffering, or serious injury to body or health;
iv. Extensive destruction and appropriation of property, not justified by VILLAVICENCIO VS. LUKBAN (1919)
military necessity and carried out unlawfully and wantonly;
FACTS: City Mayor detained all prostitutes in Manila to Davao in order to remove
v. Compelling a prisoner of war or other protected person to serve in the
vice in the City. A writ of Habeas Corpus was filed to question their detention
forces of a hostile Power;
vi. Wilfully depriving a prisoner of war or other protected person of the rights DECISION: A prime specification of an application for a writ of habeas corpus is
of fair and regular trial; restraint of liberty. The essential object and purpose of the writ of habeas corpus is
vii. Unlawful deportation or transfer or unlawful confinement; to inquire into all manner of involuntary restraint as distinguished from voluntary,
viii. Taking of hostages. and to relieve a person therefrom if such restraint is illegal. Any restraint which will
ix. Violence to life and person, in particular murder of all kinds, mutilation, preclude freedom of action is sufficient. The forcible taking of these women from
cruel treatment and torture; Manila by officials of that city, who handed them over to other parties, who
x. Committing outrages upon personal dignity, in particular humiliating and deposited them in a distant region, deprived these women of freedom of locomotion
degrading treatment; just as effectively as if they had been imprisoned. Placed in Davao without either
xi. Taking of hostages; money or personal belongings, they were prevented from exercising the liberty of
xii. The passing of sentences and the carrying out of executions without going when and where they pleased. The restraint of liberty which began in Manila
previous judgement pronounced by a regularly constituted court, affording continued until the aggrieved parties were returned to Manila and released or until
all judicial guarantees which are generally recognized as indispensable. they freely and truly waived his right

41 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
MONCUPA VS. JUAN PONCE ENRILE (1986) DECISION: The course which Chavez took is correct. Habeas Corpus is a high
prerogative writ. It is traditionally considered as an exceptional remedy to release a
FACTS: Moncupa was arrested and detained in suspicion of being a member of NDF. person whose liberty is illegally restrained such as when the accused’s
The prosecution however found out his non-involvement to such group hence he constitutional rights are disregarded. Such defect results in the absence or loss of
was not charged with Subversion but only illegal possession of firearms. He filed an jurisdiction and therefore invalidates the trial and the consequent conviction of the
application for Habeas Corpus but he was temporarily release subject to some accused whose fundamental right was violated. The void judgment of conviction
conditions imposed to him by the government. may be challenged by collateral attack, which precisely is the function of Habeas
Corpus. The writ may be granted upon a judgment already final. For the writ of
DECISION: The essential objet and purpose of the writ of Habeas Corpus is to
Habeas Corpus as an extraordinary remedy must be liberally given effect so as to
inquire into all manner of involuntary restraints as distinguished from voluntary,
protect well a person whose liberty is at stake
and to relieve the person therefrom if such restraint is illegal. Any restraint which
will prelude freedom of action is sufficient. Where a person continues to be GUMABON VS. DIRECTOR OF PRISONS (1968)
unlawfully denied one or more of his constitutional freedoms, where there is
present denial of due process, where the restraints are not merely involuntary but FACTS: Accused was charged with complex crime of rebellion with murder. Upon
appear to be unnecessary, and where a deprivation of freedom originally valid has, his plea of guilty, he was convicted. He already served 13 years of imprisonment
in the light of subsequent developments, become arbitrary, the person concerned or when the SC declared that he cannot be convicted of complex crime of rebellion with
those applying in his behalf may still avail themselves of the privilege of the writ. murder, etc., as there is no such crime. A Habeas Corpus was applied for his release

LANSANG VS. GARCIA (1971) DECISION: The writ of Habeas Corpus’ latitudinarian scope to assure the illegality of
restraint and detention be avoided is one of the truism of the law. It is not known as
FACTS: Because of the bombing incident in plaza Miranda which cost the lives of the writ of liberty for nothing. The writ imposes on Judges the grave responsibility
many LP candidates, President Marcos suspended the writ of Habeas Corpus for the of ascertaining whether there is any legal justification for a deprivation of physical
persons presently detained including petitioner. freedom. Unless there be such showing, the confinement must thereby cease. Once
deprivation of Constitutional right is shown to exist, the court that rendered the
DECISION: For the valid suspension of the writ: (a) the must be invasion,
judgment is deemed ousted of jurisdiction and Habeas Corpus is the appropriate
insurrection and rebellion; and (b) public safety require the suspension. There are
remedy to assail the legality of the detention.
no doubts about the existence of a sizeable group of men who have publicly risen
arms to overthrow the government and thus have been and still are engaged in IN RE: ABADILLA (1987)
rebellion against the government of the Philippines. NPA is a proof of the existence
of rebellion of which establishment is in the nature of public challenge to the duly FACTS: Accused was suspected as one o the leaders of the group who took over
constituted authorities and may be likened to a declaration of war. The suspension GMA television and broadcasting facilities. He was arrested, detained and was
then is required by public safety. dropped out of the official roll of AFP. He was charged with mutiny and an
application for Habeas Corpus was filed in his behalf.
CHAVEZ VS. COURT OF APPEALS (1971)
DECISION: The record of the case discloses that Colonel Abadilla has been charged
FACTS: Chavez stood as an ordinary witness in a criminal case of theft of motor by the military authorities for violation of Article of War 67 (Mutiny or Sedition)
vehicle. The accused however were acquitted and he was implicated to the which is a serious offense, and the corresponding charge sheets have been prepared
commission and later on conviction on the crime charged. He filed an application for against him. The important issue in this Petition has been resolved - the detention of
Habeas Corpus Colonel Abadilla under the circumstances obtaining in this case is not illegal

42 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
ILLUSORIO VS. BILDNER (2000) The writ of amparo is a protective remedy aimed at providing judicial relief
consisting of the appropriate remedial measures and directives that may be crafted
FACTS: This case is an application for Habeas Corpus to compel the husband to live by the court, in order to address specific violations or threats of violation of the
with the wife in a conjugal bliss. constitutional rights to life, liberty or security. While the principal objective of its
proceedings is the initial determination of whether an enforced disappearance,
DECISION: To justify the grant of petition, the restraint of liberty must be an illegal
extralegal killing or threats thereof had transpired—the writ does not, by so doing,
and involuntary deprivation of freedom of action. The illegal restraint of liberty
fix liability for such disappearance, killing or threats, whether that may be criminal,
must be actual and effective, not merely nominal or moral. Herein, there was no
civil or administrative under the applicable substantive law. The remedy provides
actual effective detention or deprivation of Illusorio’s liberty that would justify the
rapid judicial relief as it partakes of a summary proceeding that requires only
issuance of the writ
substantial evidence to make the appropriate reliefs available to the petitioner
C. Writ of Amparo
EDITA BURGOS VS. PRES ARROYO 18311-13
Article 3 UDHR - Everyone has a right to life, liberty and security of person
DECISION: Section 16 of the Rule on the Writ of Amparo provides that any person
Article III Section 1, 1987 Constitution - No person shall be deprived of life, who otherwise disobeys or resists a lawful process or order of the court may be
liberty, or property without due process of law, nor shall any person be denied the punished for contempt, viz:
equal protection of the laws.
SEC. 16. Contempt. – The court, justice or judge may order the respondent who
Rules on the Writ of Amparo refuses to make a return, or who makes a false return, or any person who otherwise
disobeys or resists a lawful process or order of the court to be punished for
SEC OF NATIONAL DEFENSE VS. MANALO (2008) contempt. The contemnor may be imprisoned or imposed a fine

FACTS: Several CAFCU soldiers beat abducted Manalo. He was detained and while in CADAPAN VS. GEN ESPERON (2011)
detention, he experienced tortures. Writ of Amparo was filed.
An amparo proceeding is not criminal in nature nor does it ascertain the criminal
DECISION: The writ of amparo serves both preventive and curative roles in liability of individuals or entities involved. Neither does it partake of a civil or
addressing the problem of extralegal killings and enforced disappearances. It is administrative suit.Rather, it is a remedial measure designed to direct specified
preventive in that it breaks the expectation of impunity in the commission of these courses of action to government agencies to safeguard the constitutional right to
offenses; it is curative in that it facilitates the subsequent punishment of life, liberty and security of aggrieved individuals.
perpetrators as it will inevitably yield leads to subsequent investigation and action
An amparo proceeding] does nor determine guilt nor pinpoint criminal culpability
ROXAS VS. GMA GR 189155 for the disappearance [threats thereof or extrajudicial killings; it determines
responsibility, or at least accountability, for the enforced disappearance…for
FACTS: Petitoner was abducted by several heavily armed men. She was confined purposes of imposing the appropriate remedies to address the disappearance
and tortured in a detention. She filed writ of Habeas data and writ of Amparo.
Section 2 of the Rule on the Writ of Amparo provides:
DECISION: The writ of habeas data was conceptualized as a judicial remedy
enforcing the right to privacy, most especially the right to informational privacy of The petition may be filed by the aggrieved party or by any qualified person or entity
individuals. The writ operates to protect a person’s right to control information in the following order:
regarding himself, particularly in the instances where such information is being
collected through unlawful means in order to achieve unlawful ends. (a) Any member of the immediate family, namely: the spouse, children and
parents of the aggrieved party;
43 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
(b) Any ascendant, descendant or collateral relative of the aggrieved party Unlike an Answer, the Return has other purposes aside from identifying the issues
within the fourth civil degree of consanguinity or affinity, in default of those in the case. Respondents are also required to detail the actions they had taken to
mentioned in the preceding paragraph; or determine the fate or whereabouts of the aggrieved party.
(c) Any concerned citizen, organization, association or institution, if there is no
known member of the immediate family or relative of the aggrieved party. If the respondents are public officials or employees, they are also required to state
the actions they had taken to: (i) verify the identity of the aggrieved party; (ii)
Indeed, the parents of Sherlyn and Karen failed to allege that there were no known recover and preserve evidence related to the death or disappearance of the person
members of the immediate family or relatives of Merino. The exclusive and identified in the petition; (iii) identify witnesses and obtain statements concerning
successive order mandated by the above-quoted provision must be followed. The the death or disappearance; (iv) determine the cause, manner, location, and time of
order of priority is not without reason—"to prevent the indiscriminate and death or disappearance as well as any pattern or practice that may have brought
groundless filing of petitions for amparo which may even prejudice the right to life, about the death or disappearance; and (vi) bring the suspected offenders before a
liberty or security of the aggrieved party." The Court notes that the parents of competent court. Clearly these matters are important to the judge so that s/he can
Sherlyn and Karen also filed the petition for habeas corpus on Merino’s behalf. No calibrate the means and methods that will be required to further the protections, if
objection was raised therein for, in a habeas corpus proceeding, any person may any, that will be due to the petitioner.
apply for the writ on behalf of the aggrieved party.
There will be a summary hearing only after the Return is filed to determine the
SEC DE LIMA VS. GATDULA (2013) merits of the petition and whether interim reliefs are warranted. If the Return is not
filed, the hearing will be done ex parte.After the hearing, the court will render the
DECISION: The remedy of the Writ of Amparo is an equitable and extraordinary judgment within ten (10) days from the time the petition is submitted for decision.
remedy to safeguard the right of the people to life, liberty and security as enshrined
in the 1987 Constitution. The Rule on the Writ of Amparo was issued as an exercise If the allegations are proven with substantial evidence, the court shall grant the
of the Supreme Court's power to promulgate rules concerning the protection and privilege of the writ and such reliefs as may be proper and appropriate. The
enforcement of constitutional rights. It aims to address concerns such as, among judgment should contain measures which the judge views as essential for the
others, extrajudicial killings and enforced disappearances. continued protection of the petitioner in the Amparo case. These measures must be
detailed enough so that the judge may be able to verify and monitor the actions
Due to the delicate and urgent nature of these controversies, the procedure was taken by the respondents. It is this judgment that could be subject to appeal to the
devised to afford swift but decisive relief. It is initiated through a petitio to be filed Supreme Court via Rule 45
in a Regional Trial Court, Sandiganbayan, the Court of Appeals, or the Supreme
Court. The judge or justice then makes an "immediate" evaluation of the facts as E. Writ of Kalikasan
alleged in the petition and the affidavits submitted "with the attendant
circumstances detailed".After evaluation, the judge has the option to issue the Writ Rules of Procedure for Environmental Cases - A.M. No. 19-6-8-SC
of Amparo or immediately dismiss the case. Dismissal is proper if the petition and
Section 1. Nature of the writ. - The writ is a remedy available to a natural or juridical
the supporting affidavits do not show that the petitioner's right to life, liberty or
person, entity authorized by law, people’s organization, non-governmental
security is under threat or the acts complained of are not unlawful. On the other
organization, or any public interest group accredited by or registered with any
hand, the issuance of the writ itself sets in motion presumptive judicial protection
government agency, on behalf of persons whose constitutional right to a balanced
for the petitioner. The court compels the respondents to appear before a court of
and healthful ecology is violated, or threatened with violation by an unlawful act or
law to show whether the grounds for more permanent protection and interim
omission of a public official or employee, or private individual or entity, involving
reliefs are necessary.
environmental damage of such magnitude as to prejudice the life, health or property
The respondents are required to file a Return after the issuance of the writ through of inhabitants in two or more cities or provinces.
the clerk of court. The Return serves as the responsive pleading to the petition.
44 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Section 2. Contents of the petition. - The verified petition shall contain the which to make a return of service. In case the writ cannot be served personally, the
following: rule on substituted service shall apply.

(a) The personal circumstances of the petitioner; Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who
(b) The name and personal circumstances of the respondent or if the name and unduly delays or refuses to issue the writ after its allowance or a court officer or
personal circumstances are unknown and uncertain, the respondent may be deputized person who unduly delays or refuses to serve the same shall be punished
described by an assumed appellation; by the court for contempt without prejudice to other civil, criminal or
(c) The environmental law, rule or regulation violated or threatened to be administrative actions.
violated, the act or omission complained of, and the environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in Section 8. Return of respondent; contents. - Within a non-extendible period of ten
two or more cities or provinces. (10) days after service of the writ, the respondent shall file a verified return which
(d) All relevant and material evidence consisting of the affidavits of witnesses, shall contain all defenses to show that respondent did not violate or threaten to
documentary evidence, scientific or other expert studies, and if possible, object violate, or allow the violation of any environmental law, rule or regulation or
evidence; commit any act resulting to environmental damage of such magnitude as to
(e) The certification of petitioner under oath that: prejudice the life, health or property of inhabitants in two or more cities or
(1) petitioner has not commenced any action or filed any claim involving the provinces.
same issues in any court, tribunal or quasi-judicial agency, and no such
All defenses not raised in the return shall be deemed waived.
other action or claim is pending therein;
(2) if there is such other pending action or claim, a complete statement of its The return shall include affidavits of witnesses, documentary evidence, scientific or
present status; other expert studies, and if possible, object evidence, in support of the defense of the
(3) if petitioner should learn that the same or similar action or claim has respondent.
been filed or is pending, petitioner shall report to the court that fact
within five (5) days therefrom; and A general denial of allegations in the petition shall be considered as an admission
(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO. thereof.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with Section 9. Prohibited pleadings and motions. - The following pleadings and
any of the stations of the Court of Appeals. motions are prohibited:

Section 4. No docket fees. - The petitioner shall be exempt from the payment of a. Motion to dismiss;
docket fees. b. Motion for extension of time to file return;
c. Motion for postponement;
Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the d. Motion for a bill of particulars;
petition, if the petition is sufficient in form and substance, the court shall give an e. Counterclaim or cross-claim;
order: (a) issuing the writ; and (b) requiring the respondent to file a verified return f. Third-party complaint;
as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ g. Reply; and
under the seal of the court including the issuance of a cease and desist order and h. Motion to declare respondent in default.
other temporary reliefs effective until further order.
Section 10. Effect of failure to file return. - In case the respondent fails to file a
Section 6. How the writ is served. - The writ shall be served upon the respondent return, the court shall proceed to hear the petition ex parte.
by a court officer or any person deputized by the court, who shall retain a copy on

45 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020
 HUMAN RIGHTS LAW – COMPILATION OF REVIEWERS
Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a Section 14. Submission of case for decision; filing of memoranda. - After hearing, the
preliminary conference to simplify the issues, determine the possibility of obtaining court shall issue an order submitting the case for decision. The court may require the
stipulations or admissions from the parties, and set the petition for hearing. filing of memoranda and if possible, in its electronic form, within a non-extendible period
of thirty (30) days from the date the petition is submitted for decision.
The hearing including the preliminary conference shall not extend beyond sixty (60)
days and shall be given the same priority as petitions for the writs of habeas corpus, Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted
amparo and habeas data. for decision, the court shall render judgment granting or denying the privilege of the writ
of kalikasan.
Section 12. Discovery Measures. - A party may file a verified motion for the following
reliefs: The reliefs that may be granted under the writ are the following:

(a) Ocular Inspection; order — The motion must show that an ocular inspection order is (a) Directing respondent to permanently cease and desist from committing acts or
necessary to establish the magnitude of the violation or the threat as to prejudice the life, neglecting the performance of a duty in violation of environmental laws resulting
health or property of inhabitants in two or more cities or provinces. It shall state in detail in environmental destruction or damage;
the place or places to be inspected. It shall be supported by affidavits of witnesses having (b) Directing the respondent public official, government agency, private person or
personal knowledge of the violation or threatened violation of environmental law. entity to protect, preserve, rehabilitate or restore the environment;
(c) Directing the respondent public official, government agency, private person or
After hearing, the court may order any person in possession or control of a designated entity to monitor strict compliance with the decision and orders of the court;
land or other property to permit entry for the purpose of inspecting or photographing (d) Directing the respondent public official, government agency, or private person or
the property or any relevant object or operation thereon. entity to make periodic reports on the execution of the final judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and
The order shall specify the person or persons authorized to make the inspection and the healthful ecology or to the protection, preservation, rehabilitation or restoration
date, time, place and manner of making the inspection and may prescribe other of the environment, except the award of damages to individual petitioners.
conditions to protect the constitutional rights of all parties.
Section 16. Appeal. - Within fifteen (15) days from the date of notice of the adverse
(b) Production or inspection of documents or things; order – The motion must show that a judgment or denial of motion for reconsideration, any party may appeal to the Supreme
production order is necessary to establish the magnitude of the violation or the threat as Court under Rule 45 of the Rules of Court. The appeal may raise questions of fact.
to prejudice the life, health or property of inhabitants in two or more cities or provinces.
Section 17. Institution of separate actions. - The filing of a petition for the issuance of
After hearing, the court may order any person in possession, custody or control of any the writ of kalikasan shall not preclude the filing of separate civil, criminal or
designated documents, papers, books, accounts, letters, photographs, objects or tangible administrative actions.
things, or objects in digitized or electronic form, which constitute or contain evidence
relevant to the petition or the return, to produce and permit their inspection, copying or
photographing by or on behalf of the movant.

The production order shall specify the person or persons authorized to make the
production and the date, time, place and manner of making the inspection or production
and may prescribe other conditions to protect the constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses
or unduly delays the filing of a return, or who makes a false return, or any person who
disobeys or resists a lawful process or order of the court for indirect contempt under
Rule 71 of the Rules of Court.

46 | Elixir C. Langanlangan
Human Rights Law – Fr. IJ Gonzaga
XU – College of Law, 2019-2020