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Therapeutic Modallities Lesson 1

The document discusses human rights and provides information on key concepts related to human rights. It defines what human rights are, noting they are inherent and universal rights that everyone has simply due to being human. It discusses principles of human rights, including that they are indivisible, interdependent, equal, and non-discriminatory. It also notes that states have obligations under international law to respect, protect, and fulfill human rights. Finally, it provides 10 reasons why human rights are important, such as ensuring access to basic needs and protecting vulnerable groups, and discusses rights like freedom of speech, religion, love, and work opportunities.

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0% found this document useful (0 votes)
1K views16 pages

Therapeutic Modallities Lesson 1

The document discusses human rights and provides information on key concepts related to human rights. It defines what human rights are, noting they are inherent and universal rights that everyone has simply due to being human. It discusses principles of human rights, including that they are indivisible, interdependent, equal, and non-discriminatory. It also notes that states have obligations under international law to respect, protect, and fulfill human rights. Finally, it provides 10 reasons why human rights are important, such as ensuring access to basic needs and protecting vulnerable groups, and discusses rights like freedom of speech, religion, love, and work opportunities.

Uploaded by

Divina Dugao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

St.

Louis College of Bulanao


Purok 6, Bulanao, Tabuk City, Kalinga 3800

TITLE/TOPIC
THERAPEUTIC MODALITIES

CHAPTER 1

HUMAN RIGHTS

I. INTRODUCTION
Iourse Description: The course covers the review on laws on human rights, different forms of human
rights violation, government programs for the welfare of the victims, treatment models, and the
developmental aspects of therapeutic modalities.

LEARNING OUTCOMES
At the end of the lesson, the students should be able to:
 Understand what is human rights
 To explain what is their right as human
 To explain human rights law in the Philippines

II. COURSE CONTENT


LESSON 1.1
What is Human rights

Human rights are rights we have simply because we exist as human beings - they
are not granted by any state. These universal rights are inherent to us all,
regardless of nationality, sex, national or ethnic origin, color, religion, language, or
any other status. They range from the most fundamental - the right to life - to
those that make life worth living, such as the rights to food, education, work,
health, and liberty.
The Universal Declaration of Human Rights (UDHR), adopted by the UN General
Assembly in 1948, was the first legal document to set out the fundamental human
rights to be universally protected. The UDHR, which turned 70 in 2018, continues
to be the foundation of all international human rights law. Its 30 articles provide
the principles and building blocks of current and future human rights conventions,
treaties and other legal instruments.
The UDHR, together with the 2 covenants - the International Covenant for Civil
and Political Rights, and the International Covenant for Economic, Social and
Cultural Rights - make up the International Bill of Rights.
Universal and inalienable
The principle of universality of human rights is the cornerstone of international
human rights law. This means that we are all equally entitled to our human rights.
This principle, as first emphasized in the UDHR, is repeated in many international
human rights conventions, declarations, and resolutions.
Human rights are inalienable. They should not be taken away, except in specific
situations and according to due process. For example, the right to liberty may be
restricted if a person is found guilty of a crime by a court of law.
Indivisible and interdependent
All human rights are indivisible and interdependent. This means that one set of
rights cannot be enjoyed fully without the other. For example, making progress in
civil and political rights makes it easier to exercise economic, social and cultural
rights. Similarly, violating economic, social and cultural rights can negatively affect
many other rights.
Equal and non-discriminatory

Article 1 of the UDHR states: "All human beings are born free and equal in dignity
and rights." Freedom from discrimination, set out in Article 2, is what ensures this
equality.
Non-discrimination cuts across all international human rights law. This principle is
present in all major human rights treaties. It also provides the central theme of 2
core instruments: the International Convention on the Elimination of All Forms of
Racial Discrimination, and the Convention on the Elimination of All Forms of
Discrimination against Women.
Both rights and obligations
All States have ratified at least 1 of the 9 core human rights treaties, as well as 1
of the 9 optional protocols. 80% of States have ratified 4 or more. This means that
States have obligations and duties under international law to respect, protect and
fulfill human rights.
 The obligation to respect means that States must refrain from interfering
with or curtailing the enjoyment of human rights.
 The obligation to protect requires States to protect individuals and groups
against human rights abuses.
 The obligation to fulfill means that States must take positive action to
facilitate the enjoyment of basic human rights.
Meanwhile, as individuals, while we are entitled to our human rights - but, we
should also respect and stand up for the human rights of others.
10 Reasons Why Human Rights Are Important

#1: Human rights ensure people have basic needs met


Everyone needs access to medicine, food and water, clothes, and shelter. By including
these in a person’s basic human rights, everyone has a baseline level of dignity.
Unfortunately, there are still millions of people out there who don’t have these
necessities, but saying it’s a matter of human rights allows activists and others to work
towards getting those for everyone.

Take a free course on human rights


#2: Human rights protect vulnerable groups from abuse
The Declaration of Human Rights was created largely because of the Holocaust and the
horrors of WII. During that time in history, the most vulnerable in society were targeted
along with the Jewish population, including those with disabilities and
LGBT. Organizations concerned with human rights focus on members of society most
vulnerable to abuse from powerholders, instead of ignoring them.
#3: Human rights allow people to stand up to societal
corruption
The concept of human rights allows people to speak up when they experience abuse
and corruption. This is why specific rights like the right to assemble are so crucial
because no society is perfect. The concept of human rights empowers people and tells
them that they deserve dignity from society, whether it’s the government or their work
environment. When they don’t receive it, they can stand up.

#4: Human rights encourage freedom of speech and


expression
While similar to what you just read above, being able to speak freely without fear of
brutal reprisal is more expansive. It encompasses ideas and forms of expression that
not everybody will like or agree with, but no one should ever feel like they are going to
be in danger from their government because of what they think. It goes both ways, too,
and protects people who want to debate or argue with certain ideas expressed in their
society.
#5: Human rights give people the freedom to practice their
religion (or not practice any)
Religious violence and oppression occur over and over again all across history, from the
Crusades to the Holocaust to modern terrorism in the name of religion. Human rights
acknowledges the importance of a person’s religion and spiritual beliefs, and lets them
practice in peace. The freedom to not hold to a religion is also a human right.
#6: Human rights allows people to love who they choose
The importance of freedom to love cannot be understated. Being able to choose what
one’s romantic life looks like is an essential human right. The consequences of not
protecting this right are clear when you look at countries where LGBT people are
oppressed and abused, or where women are forced into marriages they don’t want.

#7: Human rights encourage equal work opportunities


The right to work and make a living allows people to flourish in their society. Without
acknowledging that the work environment can be biased or downright oppressive,
people find themselves enduring abuse or insufficient opportunities. The concept of
human rights provides a guide for how workers should be treated and encourages
equality.

#8: Human rights give people access to education


Education is important for so many reasons and is crucial for societies where poverty is
common. Organizations and governments concerned with human rights provide access
to schooling, supplies, and more in order to halt the cycle of poverty. Seeing education
as a right means everyone can get access, not just the elite.

#9: Human rights protect the environment


The marriage between human rights and environmentalism is becoming stronger due to
climate change and the effects it has on people. We live in the world, we need the land,
so it makes sense that what happens to the environment impacts humanity. The right to
clean air, clean soil, and clean water are all as important as the other rights included in
this list.

#10: Human rights provide a universal standard that holds


governments accountable
When the UDHR was released, it had a two-fold purpose: provide a guideline for the
future and force the world to acknowledge that during WWII, human rights had been
violated on a massive scale. With a standard for what is a human right, governments
can be held accountable for their actions. There’s power in naming an injustice and
pointing to a precedent, which makes the UDHR and other human right documents so
important.
I f y o u ' r e a r r e s te d o r d e ta i n e d , kn o w th e s e r i g h ts

MAY 26, 2017 9:34 AM PHT


MICHAEL BUEZA

The Constitution remains in effect even in times of emergency, such as during martial law. This

means that rights during arrest or detention remain in place.


MANILA, Philippines – The 1987 Constitution guarantees that no Filipino shall be deprived of
life, liberty, or property without due process of law.
As long as a citizen abides by the law, he or she should not be in trouble.
But what if you're apprehended by authorities for some reason – or in times of emergency,
like the recent declaration of martial law in Mindanao – you're picked up due to supposed
security concerns?
Remember, the Constitution remains in effect – even during those times. Along with relevant
laws and issuances, the Constitution makes sure citizen's rights continue to be respected.
Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights) states that any
person under investigation for the commission of a crime or offense "shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice."
If you can't afford a lawyer, the state will provide you with one.
The right to remain silent is emphasized because any statement you give can be used against you
in court.
Likewise, it is your right to call or have access to a lawyer at all times throughout the ordeal of
arrest or detention.
These rights cannot be waived "except in writing and in the presence of counsel," says the
Constitution.
More rights
If you're being arrested you should know these additional rights:
 Know the reason for your arrest at the time of your arrest via an arrest warrant, which you should ask for
 Ask for the identity and authority of the arresting officer
 Be promptly brought before a judge and be "entitled to a trial within a reasonable time" or to be entitled to
release subject to guarantees to appear for trial
 Demand physical examination by an independent and competent doctor of your choice before and after
interrogation, as stated in Republic Act 9745 or the Anti-Torture Act
A manual on law enforcement for citizens prepared by the Philippine National Police, in fact,
says that prior to release or any change of custody, "you will...be physically examined."
Lawyer Marlon Manuel of the Alternative Law Groups, a coalition of legal resource non-
governmental organizations, said that physical examination is already part of the police's
booking procedures immediately after an arrest.
The Free Legal Assistance Group (FLAG), in its primer on human rights, also recommends
that you stay calm, not resist arrest or offer any physical resistance, and ask a relative, friend or
even anybody to witness the arrest. Make sure to get the witness' name and address.
FLAG also suggests you ask the arresting officer where you will be brought, and be
accompanied by the witness of your arrest. Do not agree to be blindfolded.
If authorities invite you for questioning, say you will first consult your lawyer, who will
arrange a date, time, and place for your questioning. If they insist on taking you with them,
their acts become tantamount to an arrest.
This is different from custodial investigation, where you are taken into police custody for
interrogation because you are "considered a suspect, and therefore are being investigated as a
potential accused in a criminal case," said Manuel. "Usually, custodial investigation follows
warrantless arrest."
"In short, if the invitation [for questioning] is not really an invitation but more of a deprivation
of liberty, it becomes equivalent to custodial investigation," he added.
Warrantless arrest
Authorities may conduct a warrantless arrest, but only on the following grounds:
 When the person to be arrested has committed, is actually committing, or is attempting to commit an
offense in the presence of an arresting officer
 When an offense has just been committed and the arresting officer has probable cause (based on personal
knowledge of facts and circumstance) to believe that the person to be arrested has committed a crime
 When the person has escaped prison/detention, or escaped while being transferred to another facility
If you're arrested without a warrant, you can only be detained for:
 12 hours, for light offenses, which are punishable by light penalties
 18 hours, for less grave offenses, punishable by correctional penalties
 36 hours, for grave offenses, punishable by capital penalties
As a general rule, inquest proceedings – where a civilian prosecutor determines the legality of an
arrest – are included in these time periods.
During detention
If you are arrested or detained, you are entitled to the following rights, according to FLAG:
 Be treated as a human being
 Due process, including being informed of written regulations in the detention center, and not being
subjected to harsh, excessive or inhuman punishment such as corporal punishment or solitary confinement
 Receive visits from family, friends, and lawyers
 Practice your religion
 Adequate food, clothing, and healthful accommodations
 Be furnished with or to procure reading or writing materials
 Be kept separate from convicts serving sentence
 Speedy, impartial, and public trial, as likewise provided by the Constitution
According to Republic Act 7438, a person arrested, detained or under custodial investigation
shall be allowed visits by:
 Any member of his/her immediate family
 A doctor/priest/religious minister chosen by him/her, the immediate family or by his/her counsel
 Any nongovernmental organization accredited by the Commission on Human Rights (for national NGOs)
or the Office of the President (for international NGOs)
RA 7438 defines a person's immediate family as "his or her spouse, fiancé or fiancée, parent or
child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian
or ward."
Illegal acts
The following acts are illegal, according to the Bill of Rights of the Constitution:
 Unreasonable searches and seizures
 Use of torture, force, violence, threat, intimidation, or any other means which vitiate or impair the free
will
 Use of secret detention places, solitary, incommunicado, or other similar forms of detention
 Use of a confession or admission obtained in violation of Article III, Section 17 of the Constitution,
which says, "No person shall be compelled to be a witness against himself"
 Detention solely by reason of his political beliefs and aspirations
 Involuntary servitude in any form (except as a punishment for a crime whereof the party shall have been
duly convicted)
 Imposition of excessive fines
 Infliction of cruel, degrading or inhuman punishment
 Imprisonment for debt or non-payment of a poll tax
– Rappler.com

LESSON 1.2

REPUBLIC ACT NO. 10368

AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS


VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

CHAPTER I

PRELIMINARY PROVISIONS

Section 1. Short Title. — This Act shall be known as the "Human Rights Victims Reparation and
Recognition Act of 2013″.

Section 2. Declaration of Policy. — Section 11 of Article II of the 1987 Constitution of the


Republic of the Philippines declares that the State values the dignity of every human, person
and guarantees full respect for human rights. Pursuant to this declared policy, Section 12 of
Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation,
or any other means which vitiate the free will and mandates the compensation and
rehabilitation of victims of torture or similar practices and their families.

By virtue of Section 2 of Article II of the Constitution adopting generally accepted principles of


international law as part of the law of the land, the Philippines adheres to international human
rights laws and conventions, the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture
(CAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each
State party the obligation to enact domestic legislation to give effect to the rights recognized
therein and to ensure that any person whose rights or freedoms have been violated shall have
an effective remedy, even if the violation is committed by persons acting in an official capacity.
In fact, the right to a remedy is itself guaranteed under existing human rights treaties and/or
customary international law, being peremptory in character (jus cogens) and as such has been
recognized as non-derogable.

Consistent with the foregoing, it is hereby declared the policy of the State to recognize the
heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced
or involuntary disappearance and other gross human rights violations committed during the
regime of former President Ferdinand E. Marcos covering the period from September 21, 1972
to February 25, 1986 and restore the victims’ honor and dignity. The State hereby
acknowledges its moral and legal obligation to recognize and/or provide reparation to said
victims and/or their families for the deaths, injuries, sufferings, deprivations and damages they
suffered under the Marcos regime.

Similarly, it is the obligation of the State to acknowledge the sufferings and damages inflicted
upon persons whose properties or businesses were forcibly taken over, sequestered or used, or
those whose professions were damaged and/or impaired, or those whose freedom of
movement was restricted, and/or such other victims of the violations of the Bill of Rights.

Section 3. Definition of Terms. — The following terms as used in this Act shall mean:

(a) Detention refers to the act of taking a person into custody against his will by persons
acting in an official capacity and/or agents of the State.

(b) Human rights violation refers to any act or omission committed during the period
from September 21, 1972 to February 25, 1986 by persons acting in an official capacity
and/or agents of the State, but shall not be limited to the following:

(1) Any search, arrest and/or detention without a valid search warrant or
warrant of arrest issued by a civilian court of law, including any warrantless
arrest or detention carried out pursuant to the declaration of Martial Law by
former President Ferdinand E. Marcos as well as any arrest., detention or
deprivation of liberty carried out during the covered period on the basis of an
"Arrest, Search and Seizure Order (ASSO)", a "Presidential Commitment Order
{PCO)" or a "Preventive Detention Action (PDA)" and such other similar executive
issuances as defined by decrees of former President Ferdinand E. Marcos, or in
any manner that the arrest, detention or deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity and/or an agent of the
State of physical injury, torture, killing, or violation of other human rights, of any
person exercising civil or political rights, including but not limited to the freedom
of speech, assembly or organization; and/or the right to petition the government
for redress of grievances, even if such violation took place during or in the course
of what the authorities at the time deemed an illegal assembly or
demonstration: Provided, That torture in any form or under any circumstance
shall be considered a human rights violation;

(3) Any enforced or involuntary disappearance caused upon a person who was
arrested, detained or abducted against one’s will or otherwise deprived of one’s
liberty, as defined in Republic Act No. 10350 1, otherwise known as the "Anti-
Enforced or Involuntary Disappearance Act of 2012″;

(4) Any force or intimidation causing the involuntary exile of a person from the
Philippines;

(5) Any act of force, intimidation or deceit causing unjust or illegal takeover of a
business, confiscation of property, detention of owner/s and or their families,
deprivation of livelihood of a person by agents of the State, including those
caused by Ferdinand E. Marcos, his spouse Imelda R. Marcos, their immediate
relatives by consanguinity or affinity, as well as those persons considered as
among their close relatives, associates, cronies and subordinates under
Executive Order No. 1, issued on February 28, 1986 by then President Corazon
C. Aquino in the exercise of her legislative powers under the Freedom
Constitution;

(6) Any act or series of acts causing, committing and/or conducting the following:

(i) Kidnapping or otherwise exploiting children of persons suspected of


committing acts against the Marcos regime;

(ii) Committing sexual offenses against human rights victims who are
detained and/or in the course of conducting military and/or police
operations; and

(iii) Other violations and/or abuses similar or analogous to the above,


including those recognized by international law.

(c) Human Rights Violations Victim (HRVV) refers to a person whose human rights were
violated by persons acting in an official capacity and/or agents of the State as defined
herein. In order to qualify for reparation under this Act, the human rights violation must
have been committed during the period from September 21, 1972 to February 25,
1986: Provided, however, That victims of human rights violations that were committed
one (1) month before September 21, 1972 and one (1) month after February 25, 1986
shall be entitled to reparation, under this Act if they can establish that the violation was
committed:

(1) By agents of the State and/or persons acting in an official capacity as defined
hereunder;

(2) For the purpose of preserving, maintaining, supporting or promoting the said
regime; or

(3) To conceal abuses during the Marcos regime and/or the effects of Martial
Law.

(d) Persons Acting in an Official Capacity and/or Agents of the State.—The following
persons shall be deemed persons acting in an official capacity and/or agents of the State
under this Act:

(1) Any member of the former Philippine Constabulary (PC), the former
Integrated National Police (INP), the Armed Forces of the Philippines (AFP) and
the Civilian Home Defense Force (CHDF) from September 21, 1972 to February
25, 1986 as well as any civilian agent attached thereto; and any member of a
paramilitary group even if one is not organically part of the PC, the INP, the AFP
or the CHDF so long as it is shown that the group was organized, funded,
supplied with equipment, facilities and/or resources, and/or indoctrinated,
controlled and/or supervised by any person acting in an official capacity and/or
agent of the State as herein defined;

(2) Any member of the civil service, including persons who held elective or
appointive public office at any time from September 21, 1972 to February 25,
1986;

(3) Persons referred to in Section 2(a) of Executive Order No. 1, creating the
Presidential Commission on Good Government (PCGG), issued on February 28,
1986 and related laws by then President Corazon C. Aquino in the exercise of her
legislative powers under the Freedom Constitution, including former President
Ferdinand E. Marcos, spouse Imelda R. Marcos, their immediate relatives by
consanguinity or affinity, as well as their close relatives, associates, cronies and
subordinates; and

(4) Any person or group/s of persons acting with the authorization, support or
acquiescence of the State during the Marcos regime.

(e) Torture refers to any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on any person under the custody of persons acting in an
official capacity and/or agents of the State, as defined by law, jurisprudence,
international conventions and Republic Act No. 9745, otherwise known as the "Anti-
Torture Act of 2009″.

Section 4. Entitlement to Monetary Reparation. — Any HRVV qualified under this Act shall
receive reparation from the State, free of tax, as herein prescribed: Provided, That for a
deceased or involuntary disappeared HRVV, the legal heirs as provided for in the Civil Code of
the Philippines, or such other person named by the executor or administrator of the deceased
or involuntary disappeared HRVV’s estate in that order, shall be entitled to receive such
reparation: Provided, further, That no special power of attorney shall be recognized in the
actual disbursement of the award, and only the victim or the aforestated successor(s)-in-
interest shall be entitled to personally receive said reparation form the Board, unless the victim
involved is shown to be incapacitated to the satisfaction of the Board: Provided,
furthermore, That the reparation received under this Act shall be without prejudice to the
receipt of any other sum by the HRVV from any other person or entity in any case involving
violations of human rights as defined in this Act.

Section 5. Nonmonetary Reparation. — The Department of Health (DOH), the Department of


Social Welfare and Development (DSWD), the Department of Education (DepED), the
Commission on Higher Education (CHED), the Technical Education and Skills Development
Authority (TESDA), and such other government agencies shall render the necessary services as
nonmonetary reparation for HRVVs and/or their families, as may be determined by the Board
pursuant to the provisions of this Act. The amount necessary for this purpose shall be sourced
from the budget of the agency concerned in the annual General Appropriations Act (GAA).

Section 6. Amount of Reparation. — The amount of reparation under this Act shall be in
proportion to the gravity of the human rights violation committed on the HRVV and in
accordance with the number of points assigned to the individual under Section 19 hereof.

Section 7. Source of Reparation. — The amount of Ten billion pesos (P10,000,000,000.00) plus
accrued interest which form part of the funds transferred to the government of the Republic of
the Philippines by virtue of the December 10, 1997 Order of the Swiss Federal Supreme Court,
adjudged by the Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and forfeited in
favor of the Republic of the Philippines, shall be the principal source funds for the
implementation of this Act.

CHAPTER II

THE HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

Section 8. Creation and Composition of the Human Rights Victims’ Claims Board. — There is
hereby created an independent and quasi-judicial body to be known as the Human Rights
Victims’ Claims Board, hereinafter referred to as the Board. It shall be composed of nine (9)
members, who shall possess the following qualifications:

(a) Must be of known probity, competence and integrity;

(b) Must have a deep and thorough understanding and knowledge of human rights and
involvement in efforts against human rights violations committed during the regime of
former President Ferdinand E. Marcos;

(c) At least three (3) of them must be members of the Philippine Bar who have been
engaged in the practice of law for at least ten (10) years; and

(d) Must have a clear and adequate understanding and commitment to human rights
protection, promotion and advocacy.

The Human Rights Victims’ Claims Board shall be attached to but shall not be under the
Commission on Human Rights (CHR).

The Board shall organize itself within thirty (30) days from the completion of appointment of all
nine (9) members and shall thereafter organize its Secretariat.

Section 9. Appointment to the Board. — The President shall appoint the Chairperson and the
other eight (8) members of the Board: Provided, That human rights organizations such as, but
not limited to, the Task Force Detainees of the Philippines (TFDP), the Free Legal Assistance
Group (FLAG), the Movement of Attorneys for Brotherhood, Integrity and Nationalism
(MABINI), the Families of Victims of Involuntary Disappearance (FIND) and the Samahan ng mga
Ex-Detainees Laban sa Detensyon at Aresto (SELDA) may submit nominations to the President.

Section 10. Powers and Functions of the Board. — The Board shall have the following powers
and functions:

(a) Receive, evaluate, process and investigate applications for claims under this Act;

(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;

(c) Conduct independent administrative proceedings and resolve disputes over claims;

(d) Approve with finality all eligible claims under this Act;

(e) Deputize appropriate government agencies to assist it in order to effectively perform


its functions;

(f) Promulgate such rules as may be necessary to carry out the purposes of this Act,
including rules of procedure in the conduct of its proceedings, with the Revised Rules of
Court of the Philippines having suppletory application;
(g) Exercise administrative control and supervision over its Secretariat;

(h) The Board, at its discretion, may consult the human rights organizations mentioned
in Section 9 herein; and

(i) Perform such other duties, functions and responsibilities as may be necessary to
effectively attain the objectives of this Act.

Section 11. Resolution, of Claims. — The Board shall be composed of three (3) divisions which
shall function simultaneously and independently of each other in the resolution of claims for
reparation. Each division shall be composed of one (1) Chairperson, who shall be a member of
the Philippine Bar and two (2) members to be appointed by the Board en banc.

Section 12. Emoluments. — The Chairperson and members of the Board shall have the rank,
salary, emoluments and allowances equivalent to s Presiding Justice and Associate Justice of
the Court of Appeals, respectively.

Section 13. Secretariat of the Board. — The Board shall be assisted by a Secretariat which may
come from the existing personnel of the CHR, without prejudice to the hiring of additional
personnel as determined by the Board to accommodate the volume of required work. The
following shall be the functions of the Secretariat:

(a) Receive, evaluate, process and investigate applications for claims under this Act;

(b) Recommend to the Board the approval of applications for claims;

(c) Assist the Board in technical functions; and

(d) Perform other duties that may be assigned by the Board.

The Chairperson of the Board shall appoint a Board Secretary who shall head the Secretariat for
the duration of the existence of the Board. There shall be a Technical Staff Head assisted by five
(5) Legal Officers and three (3) Paralegal Officers; and an Administrative Staff Head assisted by
three (3) Administrative Support Staff.

When necessary, the Board may hire additional contractual employees or contract a service
provider to provide services of counselors, psychologists, social workers and public education
specialists, among others, to augment the services of the Secretariat: Provided, That the
maximum contract amount per year shall not exceed more than fifteen percent (15%) of the
total annual operating budget of the Board.

Section 14. Operating Budget of the Board.— The operating budget of the Board shall be
funded from the Ten billion peso {P10,000,000,000.00) fund, with Ten million pesos
(P10,000,000.00) as its initial operating budget: Provided, That it shall not exceed Fifty million
pesos (P50,000,000.00) a year
Section 15. Proper Disposition of Funds. — The Board shall ensure that funds appropriated or
those which may become available as reparation for HRVVs are properly disbursed in
accordance with the policies stated by Congress and relevant government rules, regulations
and accounting procedures.

Bill Of Rights
ARTICLE III

BILL OF RIGHTS

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

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

Explanation:

Section 1. WE DECLARE, That all men are created equal; that they are endowed by their
CREATOR with certain unalienable rights; that among these are life, liberty and the pursuit of
happiness; that all power is inherent in the PEOPLE; and that all free governments are, and of
right ought to be, founded on their authority, and instituted for their peace, safety, and well
being. For the advancement of these ends, the PEOPLE have, at all times, an indefeasible right to
alter and reform their government.

Section 2. All men shall be secured in the natural right to worship Almighty God, according to
the dictates of their own consciences.

REFERENCES
https://www.humanrightscareers.com/issues/10-reasons-why-human-
rights-are-important/
References: 1987 Constitution, International Covenant on Civil and Political Rights, Republic
Act 7438, Republic Act 9745, a 2001 advisory of the Commission on Human Rights, "Know
Your Rights" primer by the Free Legal Assistance Group (FLAG), "Know Your Rights: A
Citizen Primer on Law Enforcement" by the Philippine National Police and Hanns Sidel
Foundation

References: 1987 Constitution, International Covenant on Civil and Political Rights, Republic
Act 7438, Republic Act 9745, a 2001 advisory of the Commission on Human Rights, "Know
Your Rights" primer by the Free Legal Assistance Group (FLAG), "Know Your Rights: A
Citizen Primer on Law Enforcement" by the Philippine National Police and Hanns Sidel
Foundation

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