LECTURE NOTES No.

“Human rights as those rights which are inherent in our

nature and without which we cannot live as human beings”

“Thou shall not do to others, what you do not want others do

unto you”

“No one of you is a believer, until he desires for

his brother, that which he desires for himself”

“In everything, do to others just what you want them to do

for you”

DEFINE RIGHTS
● It is that quality in a person by which he/she can do certain actions, or possess
certain things which belong to him/her by virtue of some title.
● Every human being, because of the mere fact that he or she is a human being, is
entitled to his or her rights without discrimination and is a rights holder.

DISTINGUISH RIGHTS v. FREEDOM

RIGHTS FREEDOM
Binding effect A right has a legal binding. It is a Freedom is a state of being free or
privilege given to an individual, liberated. It is the power or
by virtue of some title, for being condition of acting without
part of it. compulsion.

A right is an entitlement that Freedom is a product of rights.

Nature one receives when one becomes This means a person can receive
part of society. freedom only when he or she has
been given rights.
Restriction A person or governing body A person or governing body can
cannot violate the rights of take away a person's freedom to
another person without facing carry out an activity.
legal consequences.
Advantages Society is legally obliged to The advantage of freedom is that
uphold the rights of its people. one can be an independent
This decreases events of individual.
injustice that may occur.
Duration Rights may come at different Freedom can be taken away or
times. The rights a person given to someone at any time. It is
receives also differ from other not permanent like a right.
people.
Method A person receives legal rights A person receives certain freedom
of Receiving only after becoming a citizen or at birth itself. This implies that it is
performing a certain duty. an innate notion.
DISTINGUISH RIGHTS v. PRIVILEGE

RIGHTS PRIVILEGE
Rights are entitlements or enforceable Refers to unprotected freedoms that do not
claims that an individual can in relation to entail corresponding duties in others;
other. also referred to as liberties
A right is something that cannot be legally A privilege is something that can be given
denied such as rights to free speech, press, and taken away and is considered to be a
religion and other rights. special privilege or opportunity available
only to certain people (e.g. driver’s
license)

WHAT IS “HUMAN RIGHTS”?

● Human Rights may be defined as the SUPREME, INHERENT, and
INALIENABLE right to LIFE, to DIGNITY, and to SELF-DEVELOPMENT. It
is the essence of these rights that make humans. Human rights are fundamental
freedoms which are necessary and indispensable in order to enable every
member of the human race to live a life with dignity.

HUMAN RIGHTS AS BIRTHRIGHT

● Those rights which are INHERENT in nature and without which we cannot live as
human beings
● Abuse of rights may cause conflicts and most of the internal conflicts are due to
the denial of human rights.

DEFINE HUMAN RIGHTS EDUCATION

● This is defined as training, dissemination, and information efforts aimed at the
building of a universal culture of human rights through the imparting of
knowledge and skills and the molding of attitudes and directed to:
a) The strengthening of respect for human rights and fundamental freedoms
b) The full development of the human personality and the sense of its
dignity;
c) The promotion of understanding, tolerance, gender equality and
friendship among all nations, indigenous people and racial, national,
ethnic, religious and linguistic groups;
d) The enabling of all persons to participate effectively in a free society
e) The furtherance of the activities of the United Nations for the
maintenance of peace.

GOAL OF HUMAN RIGHTS EDUCATION

● The goal is empowerment, giving people and skills to take control of their own
lives and the decisions that affect them. This is in addition to the understanding
and appreciation of the mechanism that protects individual rights, imparting the
skills needed to promote, defend and apply human rights in daily life.
 CLASSIFICATIONS OF HUMAN RIGHTS

ACCORDING TO SOURCE:

1. NATURAL RIGHTS – A right that is conceived as part of the natural law and
that is therefore thought to exist independently of rights created by the
government or society, such as the right to life, liberty or property.

2. MORAL RIGHTS – This right depends on the ethical feelings of a man and they
are not guaranteed by any legal authority. This includes God-given rights and
those acknowledged as morally good.

3. LEGAL RIGHTS
a) Constitutional Rights – Rights guaranteed in the 1987 Philippine
Constitution particularly the Bill of Rights.
b) Statutory Rights - Rights promulgated by the legislative body.

ACCORDING TO ASPECT OF LIFE

1. CIVIL RIGHTS - Civil rights include the ensuring of peoples' physical and
mental integrity, life and safety; protection from discrimination on grounds such
as race, gender, national origin, color, sexual orientation, ethnicity, religion, or
disability; and individual rights such as privacy, the freedoms of thought and
conscience, speech and expression, religion, the press, assembly and movement.

2. POLITICAL RIGHTS - Political rights include natural justice (procedural

fairness) in law, such as the rights of the accused, including the right to a fair trial;
due process; the right to seek redress or a legal remedy; and rights of
participation in civil society and politics such as freedom of association, the right
to assemble, the right to petition, the right of self-defense, and the right to vote.

3. FUNDAMENTAL RIGHTS – Fundamental rights are a group of rights that

have been recognized by the Supreme Court as requiring a high degree of
protection from government encroachment. These rights are specifically
identified in a constitution, or have been found under due process of law.

4. ECONOMIC, SOCIAL AND CULTURAL RIGHTS - Economic, social, and

Cultural rights are the freedoms, privileges, and entitlements that individuals and
communities require to live a life of dignity. These human rights include the rights
to food, housing, health, education, cultural identity, and more. Although some
economic, social, and cultural rights cannot be immediately implemented, States
that have ratified the relevant treaties nonetheless have the obligation to
guarantee these rights.
ACCORDING TO DEROGABILITY

1. NON-DEROGABLE OR ABSOLUTE RIGHTS - Certain human rights have

been considered so important that they cannot be limited or suspended under
any circumstance. Simply stated, certain rights, however, are non-derogable, that
is, they cannot be suspended even in a state of emergency. Article 4(2) of the
ICCPR provides that no derogation is permitted for:
a) right to life
b) freedom from torture or cruel, inhuman and degrading treatment
or punishment; and freedom from medical or scientific
experimentation without consent.
c) freedom from slavery and servitude.
d) freedom from imprisonment for inability to fulfill a contractual
obligation.
e) prohibition against the retrospective operation of criminal laws.
f) right to recognition before the law.
g) freedom of thought, conscience and religion.

2. DEROGABLE OR RELATIVE RIGHTS - Non-absolute rights are ‘derogable’

and some of those ‘derogable’ rights are also ‘limited.’ A right that is ‘derogable’
may be suspended for the greater good in times of public emergency. Most of the
rights in the Human Rights Act are derogable rights. The criteria for derogating
from rights is that it should be necessary and proportionate to do so (in light of
the emergency that the country is facing) and the derogation must be in
accordance with the country’s other international law obligations.

● Lawful Derogation - Under ICCPR Before a State moves to invoke article

4 (and temporarily derogates from its obligations), two fundamental conditions
must be met:
a. The situation must amount to a public emergency which threatens
the life of the nation, and
b. The State party must have officially proclaimed a state of
emergency.

● Permissible Derogations
1. During a state of emergency threatening the life of the nation; and
2. Subject to compliance with conditions:
a. Prescribed by Law
b. Legitimate Aim
c. Reasonableness
d. Necessity: necessary to protect the invoked legitimate aim
e. Proportionality: it is the least intrusive measure available.
f. Compatibility with the aims and provisions of the ICCPR:
derogation should not undermine the State’s ability to respect and
protect other rights found in the ICCPR

For example
● A country may be facing a terrorism threat and so a government may
suspend the right to liberty for security reasons such as imposing a
curfew on people.
 ● The right to liberty is a derogable right and also a limited right. Even
where there is no public emergency people may have their liberty
deprived by being imprisoned in accordance with the law where they have
committed an offense.

The right to liberty is limited. A person may be deprived of his liberty in

the following circumstances:
a. the lawful detention of a person after conviction by a
competent court;
b. the lawful arrest or detention of a person for non-
compliance with the lawful order of a court or in order to
secure the fulfillment of any obligation prescribed by law;
c. the lawful arrest or detention of a person affected for the
purpose of bringing him before the competent legal
authority on reasonable suspicion of having committed an
offense or when it is reasonably considered necessary to
prevent his committing an offense or fleeing after having
done so;
d. the detention of a minor by lawful order for the purpose of
educational supervision or his lawful detention for the
purpose of bringing him before the competent legal
authority;
e. the lawful detention of persons for the prevention of the
spreading of infectious diseases, of persons of unsound
mind, alcoholics or drug addicts or vagrants;
f. the lawful arrest or detention of a person to prevent his
effecting an unauthorized entry into the country or of a
person against whom action is being taken with a view to
deportation or extradition.

WHAT ARE THE OBLIGATIONS OF THE STATE WITH RESPECT TO HUMAN

RIGHTS?

1. Obligation to RESPECT – this requires the State and all its organs and agents to
abstain from doing anything that violates the integrity of an individual or
infringes on his/freedom.

2. Obligation to PROTECT – this requires the State and its agents the measures
necessary to prevent other individuals or groups from violating the integrity,
freedom of action, or the human rights of the individual.

3. Obligation to FULFILL – this requires the State to take measures to ensure for
each person within its jurisdiction opportunities to obtain satisfaction of those
needs, recognized in the human rights instruments, which cannot be secured by
personal efforts.
SCOPE OF HUMAN RIGHTS
1. Social
2. Economic
3. Cultural
4. Political, and
5. Civil Relations

The following are NOT considered human rights:

1. Ordinary or legal rights – They are possessed not because of our humanity but
because of some transaction we enter or the happening of an event.
2. Contractual rights – Contractual rights are the set of rights guaranteed
whenever people enter into a valid contract with one another.

SOURCES OF HUMAN RIGHTS

I. DOMESTIC SOURCES:
1. 1987 Philippine Constitution
2. Domestic Laws
3. Rules of Court
4. Jurisprudence or Case laws.

II. INTERNATIONAL SOURCES:

● Sources of international law according to Article 38(1) of the ICJ
Statute
1. International conventions, whether general or particular,
establishing rules expressly recognized by the contesting states;
2. International custom, as evidence of a general practice accepted as
law;
3. The general principles of law recognized by civilized nations;
4. Judicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the
determination of rules of law.

● What are the primary sources?

1. Treaties: Conventional International Law; International conventions,
whether general or particular, establishing rules expressly
recognized by the contracting states.
2. Customary International Law: International custom, as evidence of a
general practice accepted as law;
3. General Principles of Law: General principles of law recognized by
civilized nations.

● What are the subsidiary sources?

1. Judicial decisions; and
2. Teachings of the most highly qualified publicists of the various
nations.

● While the primary sources create law, the subsidiary sources constitute evidence of
what the law is.
WHAT IS THE BASIS OF ADOPTION OR INCORPORATION OF TREATIES
OR CONVENTIONS UNDER THE LAW?

● Doctrine of Incorporation - A State is, by reason of its membership in the family

of nations, bound by the generally accepted principles of international law, the
same being considered as part of its own laws. Incorporation is recognized by the
Constitution. (e.g. customs and general principles of international law) (PHIL.
CONST., art. 2, 2).

● Doctrine of Transformation - The generally accepted rules of international law

are not per se binding upon the State but must first be embodied in legislation
enacted by the lawmaking body and so transformed into municipal law. Only
when so transformed will they become binding upon the State as part of its
municipal law. (e.g., treaty obligations)

TREATIES
● What is the definition of a treaty? A treaty is an international agreement
concluded between States in written form and governed by international law,
whether embodied in a single instrument or in two or more related instruments
and whatever its particular designation.

● What are the requisites of a treaty?

1. Must be concluded between States
2. In written form
3. Governed by International Law
4. Must be embodied in a single instrument or in two or more related
instruments

● What is the basis of a treaty obligation? Treaty obligation is based on consent.

No state may be bound by a treaty obligation unless it has so consented.

● What is pacta sunt servanda? Under the principle of pacta sunt servanda, a
state party to a treaty is bound to comply with the obligations it assumed under
such treaty in good faith.

● What is pacta tertiis nec nocent nec prosunt? A treaty binds the parties and
only the parties; it does not create obligations for a third state.

CUSTOMS
● What is the definition of custom? General and consistent practice of States
followed by them from a sense of legal obligation.

● What are the elements of International Custom?

1. State Practice - A consistent and uniform external conduct of States.
Generally, both what States say and what they do are considered state
practice.
a) Duration of practice
b) Uniformity, consistency of practice
c) Generality (majority of specially affected States)
 2. Opinio Juris Sive Necessitatis (Opinio Juris) - As an element in the
formation of customary norm in international law, it is required that States,
in their conduct amounting to general practice, must act out a sense of legal
duty and not only by the motivation of courtesy, convenience or tradition.
Not only must acts amount to a settled practice, but they must also be such
or be carried out in such a way, as to be evidence of a belief that this
practice is rendered obligatory by the existence of a rule of law requiring it.

● Some examples of customs recognized by Supreme Court:

a) Rules and principles of land warfare and of humanitarian law under the
Hague Convention and the Geneva Convention (Kuroda v. Jalandoni,
G.R. No. L-2662, March 26, 1949)
b) Pacta sunt servanda (La Chemise Lacoste v. Fernandez, G.R. Nos. L-
63796- 97, May 2,1984)
c) Human rights as defined under the Universal Declaration of Human
Right (Reyes v. Bagatsing, G.R. No. L-65366, November 9, 1983)
d) The Principle of the Sovereign Equality of States (Sanders v. Veridiano,
G.R. No. L-46930, June 10, 1988)
e) The right of a citizen to return to his own country (Marcos v. Manglapus
G.R. No. 88211, September 15, 1989)

GENERAL PRINCIPLES OF LAW

● What is the definition of general principles of law? Principles based on
natural justice common to most national systems of law. These refer to those
general principles in municipal law (particularly those of private law) that may
be appropriated to apply to the relations of states (e.g., good faith, estoppel,
exhaustion of local remedies, unjust enrichment).

JUDICIAL DECISIONS
● What are judicial decisions? A subsidiary means for the determination of rules
of law that are acceptable so long as they correctly interpret and apply
international law. Decisions of national courts, when applying international law,
are acceptable.

TEACHINGS OF THE MOST HIGHLY QUALIFIED PUBLICISTS

● What is a Publicist? The word “publicist” means “learned writer”. Learned
writings, like judicial decisions, can be evidence of customary law, and can also
play a subsidiary role in developing new rules of law. A highly qualified publicist
is a scholar of public international law and the term usually refers to legal
scholars or academic writers.
CHARACTERISTICS OF HUMAN RIGHTS

a. Inherent: Human rights are inherent because they are not granted by any person
or authority. Human rights do not have to be bought, earned, or inherited; they
belong to people simply because they are human.

b. Universal: Human rights apply to all people simply on the basis of being human.

c. Fundamental: Human rights are fundamental rights because without them, the
life and dignity of man will be meaningless.

d. Inalienable: This means that human rights belong to every person and cannot
be taken from a person under any circumstances.

e. Indivisible: This means that each human right has equal importance. A person
cannot be denied one right because someone decides it is "less important" than
another human right.

f. Interdependent: This means that all human rights complement each other. For
example, your ability to participate in your government is directly affected by
your right to express yourself, to get an education, and even to obtain the
necessities of life such as the right to water, to food, to housing and to health.

g. Non-derogable: Certain human rights have been considered so important that

they cannot be limited or suspended under any circumstance.

h. Imprescriptible – Human rights are not lost by mere passage of time. Human
rights do not prescribe even if it failed to use or was prevented from asserting.

i. Equal and Non-Discriminatory – Equality affirms that all human beings are
born free and equal. Equality presupposes that all individuals have the same
rights and deserve the same level of respect. All people have the right to be
treated equally.

HIERARCHY OF HUMAN RIGHTS:

● In the international covenant on Civil and Political Rights, the Human Rights
Committee described the RIGHT TO LIFE as the “the supreme right from which
no derogation is permitted even in time of public emergency.” All other rights
have equal status.
▪ The right to life is a right that should not be interpreted narrowly. It
concerns the entitlement of individuals to be free from acts and omissions
that are intended or may be expected to cause their unnatural or
premature death, as well as to enjoy a life with dignity. Article 6 of the
Covenant guarantees this right for all human beings, without distinction of
any kind, including for persons suspected or convicted of even the most
serious crimes.
H. THREE GENERATIONS OF HUMAN RIGHTS

1. First-Generation Human Rights or “Blue Rights”

First-generation human rights, sometimes called "blue rights", deal essentially with
liberty and participation in political life. They are fundamentally civil and political in
nature: They serve negatively to protect the individual from excesses of the state.
First-generation rights include, among other things, the right to life, equality before the
law, freedom of speech, freedom of religion, property rights, the right to a fair trial, and
voting rights.

2. Second-Generation Human Rights or “Red Rights”

Second-generation human rights are related to equality and began to be recognized by

governments after World War II. They are fundamentally economic, social, and cultural
in nature. They guarantee different members of the citizenry equal conditions and
treatment. Secondary rights would include a right to be employed in just and favorable
conditions, rights to food, housing and health care, as well as social security and
unemployment benefits.

3. Third-Generation Human Rights or “Green Rights”

Also known as Solidarity human rights, they are rights that try to go beyond the
framework of individual rights to focus on collective concepts, such as community or
people. However, the term remains largely unofficial, just as the also-used moniker of
"green" rights, and thus houses an extremely broad spectrum of rights, including:

Right to self-determination
Right to economic and social development
Right to a healthy environment
Right to natural resources
Right to communicate and communication rights
Right to participation in cultural heritage
Rights to intergenerational equity and sustainability

I. THEORIES AND PHILOSOPHIES ON HUMAN RIGHTS

1. Philosophical or Theoretical Approach

A. Theory of Natural Rights

Natural rights theory holds that individuals have certain rights–such as the rights to life,
liberty, and property–in virtue of their human nature rather than on account of
prevailing laws or conventions.

B. Theory of Social Rights

Social rights concern how people live and work together and the basic necessities of life.
They are based on the ideas of equality and guaranteed access to essential social and
economic goods, services, and opportunities.
 C. Theory of Legal Rights

Legal rights are the common claims of people which every cultured society recognizes as
essential claims for their development, and which are therefore enforced by the state.
Thus, legal rights are those rights that are recognized and enforced by the state. Any
violation of any legal right is punished by law.

D. Theory of Historical Rights

The exponents of the Historical Theory of Rights say that rights are not created by the
state, but are the products of historical evolution. While in the modern state rights are
recognized and upheld by law, in ancient times rights were based on customs and usages.

E. Idealistic Theory of Rights

According to the Idealist or personality theory of rights, human beings need congenial
external conditions for the development of their personalities and those conditions are
created by the state. The theory links rights with the moral development of man and
looks at rights essentially from the ethical point of view.

2. Pragmatic or Utilitarian Approach

The scope of utilitarianism is narrower, as it deals mostly with the ethics for social
choices. Pragmatism is a much wider philosophy, dealing with fundamental issues of
truth, reality and scientific inquiry.

II. HUMAN RIGHTS LEGAL FRAMEWORK IN THE PHILIPPINES

A. COMMISSION ON HUMAN RIGHTS

The Commission on Human Rights (CHR) is an independent National Human Rights

Institution (NHRI) created under the 1987 Philippine Constitution, established on 05 May
1987 by virtue of Executive Order No. 163.

The Commission is mandated to conduct investigations on human rights violations against

marginalized and vulnerable sectors of the society, involving civil and political rights.

CHR is an “A” accredited NHRI, fully complying with the Paris Principles adopted by the
United Nations General Assembly in 1995. As an NHRI, the Commission upholds six
fundamental characteristics — independence, pluralism, broad mandate, transparency,
accessibility, and operational efficiency.

The Commission commits to deliver prompt, responsive, accessible, and excellent public
service for the protection and promotion of human rights in accordance with universal
human rights principles and standards.

1. Constitutional basis of creation of CHR

The 1987 Constitution of the Philippines (Sec. 17, (1) Article XIII) created an
independent office called the Commission on Human Rights (CHR).
2. Date of Creation
Established on May 5, 1987 by Virtue of Executive Order No. 163.
3. Composition
Chairman and four members.
4. Qualifications of Chairman and Members, Appointing authority and term of office

SECTION 1. The Commission on Human Rights as provided for under Article XIII of the
1987 Constitution is hereby declared to be now in existence.
 SECTION 2. (a) The Commission on Human Rights shall be composed of a Chairman and
four Members who must be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty five years of age and must not have been candidates for
any elective position in the elections immediately preceding their appointment. However,
a majority thereof shall be members of the Philippine Bar.

The Chairman and the Members of the Commission on Human Rights shall be appointed
by the President for a term of seven years without reappointment. Appointment to any
vacancy shall be only for the unexpired term of the predecessor.

The Chairman and the Members of the Commission on Human Rights shall receive the
same salary as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of office.

5. Powers and Functions

SECTION 3. The Commission of Human Rights shall have the following powers and
functions:

Investigate, on its own or on complaint by any party, all forms of human rights violations
involving civil and political rights;

Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the Rules of Court.

Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad, and provide for preventive
measures and legal aid services to the under- privileged whose human rights have been
violated or need protection;

Exercise visitorial powers over jails, prisons, or detentions facilities;

Grant immunity from prosecution to any person whose testimony or whose possession
of documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

B. CONVENTIONS AND INTERNATIONAL AGREEMENT (Philippines is a signatory)

Philippines is a signatory - The Philippines is one of the few countries to have ratified all
seven core international human rights treaties. Signatory meaning: a person,
organization, or country that has signed an agreement.

C. DOMESTIC LAWS PROTECTING HUMAN RIGHTS

1. Children’s Rights

The child shall be entitled from his birth to a name and a nationality. The child shall
enjoy the benefits of social security. He shall be entitled to grow and develop in health; to
this end, special care and protection shall be provided both to him and to his mother,
including adequate prenatal and post-natal care.

A. RA 11767 (Foundling Recognition and Protection Act)

MAY 6, 2022
Sec. 3 - FOUNDLING shall be a deserted or abandoned child or infant with unknown
facts of birth and parentage. This shall also include those who have been duly registered
as a foundling during her or his infant childhood, but have reached the age of majority
without benefitting from adoption procedures upon the passage of this law.

Sec. 4 - FINDER shall be a person of legal age who discovered the deserted or abandoned
child: Provided, That if the actual finder is a minor, his or her parent or legal guardian
shall assist in making the report.

The finder shall report within forty-eight (48) hours upon discovery of the child to
inform the Local Social Welfare and Development Office (LSWDO), closest to him/her, or
any safe haven provider, which shall in turn coordinate with the NACC through the
Regional Alternative Child Care Office (RACCO), for the provision of appropriate care and
services in line with the foundling's needs and best interest.

In case the finder/s apply to become foster parent/s of the foundling, the NACC shall
prioritize the assessment if they meet the qualifications under Republic Act No. 10165,
or the "Foster Care Act of 2012".

Sec 5. Citizenship Status of a Foundling Found in the Philippines and/or in Philippine

Embassies, Consulates and Territories Abroad. - A foundling found in the Philippines
and/or in Philippine embassies, consulates and territories abroad is presumed a
natural-born Filipino citizen regardless of the status or circumstances of birth. As a
natural-born citizen of the Philippines, a foundling is accorded with rights and
protections at the moment of birth equivalent to those belonging to such a class of
citizens whose citizenship does not need perfection or any further act.

Sect. 10. Registration of a Foundling. - The following documents shall be required

before the foundling may be registered with the local Civil Registrar:

(a) Affidavit of the finder;

(b) Certification of the barangay captain or police authority on the circumstance

surrounding the foundling's discovery: Provided, That in the event that the child is found
in a different barangay from the residence of the finder, both barangay captains shall be
informed; and

(c) Report of the NACC duly signed by the authorized officer.

The presumption of natural-born status of a foundling may not be impugned in any
proceeding unless substantial proof of foreign parentage is shown. The natural-born
status of a foundling shall not also be affected by the fact that the birth certificate was
simulated, or that there was absence of a legal adoption process, or that there was
inaction or delay in reporting, documenting, or registering a foundling.

Sec. 6 - Administrative Adoption and Status of Legitimacy. - In the event that the
biological parents cannot be identified and located, the foundling shall be declared
legally available for adoption subject to existing laws, rules and regulations and taking
into consideration the best interest of the child.

B. REPUBLIC ACT NO. 11648

March 04, 2022

An Act Promoting for Stronger Protection against Rape and Sexual Exploitation and
Abuse, Increasing the Age for determining the Commission of Statutory Rape

Article 266-A. Rape; When and How Committed. - Rape is committed:

1) By a person who shall have carnal knowledge of another person under any of the
following circumstances:

d) When the offended party is under sixteen (16) years of age or is demented, even
though none of the circumstances mentioned above be present: Provided, That there
shall be no criminal liability on the part of a person having carnal knowledge of another
person under sixteen (16) years of age when the age difference between the parties
is not more than three (3) years, and the sexual act in question is proven to be
consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is
under thirteen (13) years of age, this exception shall not apply.

As used in this Act, non-abusive shall mean the absence of undue influence,
intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological,
or mental injury or maltreatment, either with intention or through neglect, during the
conduct of sexual activities with the child victim. On the other hand, non-exploitative
shall mean there is no actual or attempted act or acts of unfairly taking advantage of the
child's position of vulnerability, differential power, or trust during the conduct of sexual
activities.

C. REPUBLIC ACT NO. 11596

December 10, 2021

An Act Prohibiting the Practice of Child Marriage and Imposing Penalties for
Violations Thereof

The State shall abolish all traditional and cultural practices and structures that
perpetuate discrimination, abuse and exploitation of children such as the practice of
child marriage. The State affirms that marriage shall be entered into only with the
free and full consent of capacitated parties, and child betrothal and marriage shall
have no legal effect.

Pursuant to these policies, the State thus views child marriage as a practice constituting
child abuse because it debases, degrades, and demeans the intrinsic worth and dignity of
children.

Sec. 2. The best interests of the child shall be the primary consideration.

a) Child refers to any human being under eighteen (18) years of age, or any person
eighteen (18) years of age or over but who is unable to fully take care and protect oneself
from abuse, neglect, cruelty, exploitation or discrimination because of a physical or
mental disability or condition;

(b) Child marriage refers to any marriage entered into where one or both parties are
children and solemnized in civil or church proceedings, or in any recognized
traditional, cultural or customary manner. It shall include an informal union or
cohabitation outside of wedlock between an adult and a child, or between children;
(c) Guardians refer to relatives or individuals taking custody of a child in the absence of
the parents, or anyone to whom a child is given or left for care or custody, whether
permanent or temporary; or persons judicially appointed by a competent court as
guardians;

(d) Solemnizing officers refers to any person authorized to officiate a marriage under
Executive Order No. 209, otherwise known as “The Family Code of the Philippines,” or
recognized to celebrate marriages by reason of religion, tradition, or customs.

Sec. 4. Unlawful Acts. – The following are declared unlawful and prohibited acts:

(a) Facilitation of Child Marriage. – Any person who causes, fixes, facilitates, or
arranges a child marriage shall suffer the penalty of prision mayor in its medium period
and a fine of not less than P40,000.00:

If the perpetrator be an ascendant, parent, adoptive parent, step parent, or guardian of

the child, the penalty shall be prision mayor in its maximum period, or fine of not less
than P50,000.00, and perpetual loss of parental authority:

Any person who produces, prints, issues and/or distributes fraudulent or tampered
documents such as birth certificates, affidavits of delayed registration of birth and/or
foundling certificates for the purpose of misrepresenting the age of a child to facilitate
child marriage shall be liable under this section, without prejudice to liability under
other laws.

Provided, finally, That if the perpetrator is a public officer, he or she shall be dismissed
from the service and may be perpetually disqualified from holding office, at the
discretion of the courts;

(b) Solemnization of Child Marriage. – Any person who performs or officiates a

child marriage shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than P50,000.00.

(c) Cohabitation of an Adult with a Child Outside Wedlock. – An adult partner who
cohabits with a child outside wedlock shall suffer the penalty of prision mayor in its
maximum period and a fine of not less than Fifty thousand pesos P50,000.00.

Sec. 5. Public Crimes. – The foregoing unlawful and prohibited acts are deemed public
crimes and be initiated by any concerned individual.

Section 6. Legal Effect of a Child Marriage. – Child marriage is void ab initio, and the
action or defense for the declaration of absolute nullity of a child marriage shall not
prescribe in accordance with Articles 35 and 39 of the Family Code of the Philippines.

2. WOMEN’S RIGHTS

The Magna Carta of Women (MCW) is a comprehensive women's human rights law that
seeks to eliminate discrimination through the recognition, protection, fulfillment, and
promotion of the rights of Filipino women, especially those belonging in the
marginalized sectors of the society.

A. Republic Act 7877 (The Anti-Sexual Harassment Act of 1995)

March 05, 1995

Committed by an employer, employee, manager, supervisor, agent of the employer,

teacher, instructor, professor, coach, trainor, or any person who, having authority,
influence or moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or requirement for submission is
accepted or not by the object of said act.

Work-related Sexual Harassment is committed when:

- The sexual favor is made as a condition in the hiring or in the employment,

re-employment or continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions, promotions, or privileges; or
refusal to grant the sexual favor results in limiting, segregating or classifying the
employee which in any way would discriminate, deprive or diminish employment
opportunities or otherwise adversely affect said employee.
- The above acts would impair the employee’s rights or privileges under existing labor
laws; or
- The above acts would result in an intimidating, hostile or offensive environment for the
employee.

Education or Training-related Sexual Harassment is committed:

- Against one who is under the care, custody or supervision of the offender;
- Against one whose education, training, apprenticeship, or tutorship is entrusted to the
offender;
- When the sexual favor is made a condition to the giving of a passing grade, or granting
of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or considerations; or
- When sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.

Any person who violates the provisions of this Act shall, upon conviction, be
penalized by imprisonment of not less than one (1) month nor more than six (6) months,
or a fine of not less than P 10,000 nor more than P 20,000, or both such fine and
imprisonment at the discretion of the court.

B. Republic Act No. 9262

March 08, 2004

(Anti-Violence Against Women and Their Children Act of 2004)

(a) "Violence against women and their children" refers to any act or a series of acts
committed by any person against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or illegitimate, within or
without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but
is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

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:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as

a sex object, making demeaning and sexually suggestive remarks, physically attacking
the sexual parts of the victim's body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child to do indecent acts and/or make
films thereof, forcing the wife and mistress/lover to live in the conjugal home or
sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental

or emotional suffering of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or allowing the victim to
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 abusive injury to
pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

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:

1. withdrawal of financial support or preventing the victim from engaging in any

legitimate profession, occupation, business or activity, except in cases wherein the
other spouse/partner objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the

use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the

conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her
child resulting in physical and psychological or emotional distress.

(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.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and
without lawful justification follows the woman or her child or places the woman or
her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and
wife without the benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in
the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed
by the (DSWD) or by any other agency or voluntary organization accredited by the
DSWD

(h) "Children" refers to those below 18 years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other children under her care.

C. REPUBLIC ACT No. 11313 (Safe Spaces Act)

April 17, 2019

(a) Catcalling refers to unwanted remarks directed towards a person, commonly done in
the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;

(b) Public spaces refer to streets and alleys, public parks, schools, buildings, malls,
bars, restaurants, transportation terminals, public markets, spaces used as
evacuation centers, government offices, public utility vehicles as well as private
vehicles covered by app-based transport network services and other recreational spaces
such as, but not limited to, cinema halls, theaters and spas; and

(c) Stalking refers to conduct directed at a person involving the repeated visual or
physical proximity, non-consensual communication, or a combination thereof that
causes or will likely cause a person to fear for one’s own safety.

Sec. 4 - Gender-Based Streets and Public Spaces Sexual Harassment are committed
through any unwanted and uninvited sexual actions or remarks against any person
regardless of the motive for committing such action or remarks.

Sec. 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs,
Resorts and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other
Privately-Owned Places Open to the Public, these establishments are obliged to
provide assistance to victims of gender-based sexual harassment by coordinating with
local police authorities immediately after gender-based sexual harassment is reported,
making CCTV footage available when ordered by the court, and providing a safe
gender-sensitive environment to encourage victims to report gender-based sexual
harassment at the first instance.

Sec. 6. Gender-Based Sexual Harassment in Public Utility Vehicles. the (LTO) may
cancel the license of perpetrators found to have committed acts constituting sexual
harassment in public utility vehicles, and the Land Transportation Franchising and
Regulatory Board (LTFRB) may suspend or revoke the franchise of transportation
operators who commit gender-based streets and public spaces sexual harassment
acts.

Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces

Committed by Minors. when the offense is committed by a minor, the (DSWD) shall take
necessary disciplinary measures as provided for under Republic Act No. 9344, otherwise
known as the "Juvenile Justice and Welfare Act of 2006".

ARTICLE I
GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT
ARTICLE II
GENDER-BASED ONLINE SEXUAL HARASSMENT

ARTICLE III
QUALIFIED GENDER-BASED STREETS, PUBLIC SPACES AND ONLINE SEXUAL
HARASSMENT

ARTICLE IV
GENDER-BASED SEXUAL HARASSMENT IN THE WORKPLACE

ARTICLE V
GENDER-BASED SEXUAL HARASSMENT IN
EDUCATIONAL AND TRAINING INSTITUTIONS

3. RIGHTS OF MIGRANT WORKERS

A. REPUBLIC ACT NO. 11861 (Expanded Solo Parents Welfare Act)

June 04, 2022

(a) Child minding centers refers to a facility or area within the workplace provided
by the employer where the children of a solo parent employee aged seven (7) years old
and below are habitually received for purposes of care and supervision during
working hours;

(b) Children or dependents refer to those living with and dependent upon the solo
parent for support who are unmarried, unemployed and twenty-two (22) years old or
below, or those over twenty-two (22) years old but who are unable to fully take
care or protect themselves.

Sec. 4. Categories of Solo Parent

(a) A parent who provides sole parental care and support of the child or children due to
–

(1) Birth as a consequence of rape, even without final conviction: Provided, That
the mother has the sole parental care and support of the child or children:
Provided, further, That the solo parent under this category may still be considered a
solo parent under any of the categories in this section;

(2) Death of the spouse;

(3) Detention of the spouse for at least three (3) months or service of sentence for a
criminal conviction;

(4) Physical or mental incapacity of the spouse as certified by a public or private

medical practitioner;

(5) Legal separation or de facto separation for at least 6 months, and the solo
parent is entrusted with the sole parental care and support of the child or children;

(6) Declaration of nullity or annulment of marriage, as decreed by a court

recognized by law, or due to divorce, subject to existing laws, and the solo parent is
entrusted with the sole parental care and support of the child or children; or

(7) Abandonment by the spouse for at least six (6) months;

(b) Spouse or any family member of an Overseas Filipino Worker (OFW), or the
guardian of the child or children of an OFW: Provided, That the said OFW belongs to the
low/semi-skilled worker category and is away from the Philippines for an
uninterrupted period of twelve (12) months: Provided, further, That the OFW, his or her
spouse, family member, or guardian of the child or children of an OFW falls under the
requirements of this section;

(c) Unmarried mother or father who keeps and rears the child or children;

(d) Any legal guardian, adoptive or foster parent who solely provides parental care and
support to a child or children;

(e) Any relative within fourth (4th) civil degree of consanguinity or affinity of the
parent or legal guardian who assumes parental care and support of the child or children
as a result of the death, abandonment, disappearance or absence of the parents or solo
parent for at least six (6) months: Provided, That in cases of solo grandparents who are
senior citizens but who have the sole parental care and support over their
grandchildren, they shall be entitled to the benefits of this Act in addition to the benefits
granted to them by Republic Act No. 9257, otherwise known as the ‘Expanded Senior
Citizens Act of 2003’; or

(f) A pregnant woman who provides sole parental care and support to the unborn
child or children.”

Sec. 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his or her
status. Employers may enter into agreements with their solo parent employees for a
telecommuting program, as provided in Republic Act No. 11165, otherwise known as
the 'Telecommuting Act': Provided, That said solo parent employees shall be given
priority by their employer."

Sec. 8. Parental Leave. - In addition to leave privileges under existing laws, a

forfeitable and noncumulative parental leave of not more than seven (7) working
days with pay every year shall be granted to any solo parent employee, regardless
of employment status, who has rendered service of at least six (6) months: Provided,
That the parental leave benefit may be availed of by the solo parent employees in the
government and the private sector."

If it is stated in the contract, then it is already convertible into cash if not used.

Sec. 9. Educational Benefits. - The DepEd, CHED, and TESDA shall provide scholarship
programs for solo parents and a full scholarship for one (1) child of a solo parent in
institutions of basic, higher and technical vocational skills education: Provided, That the
said solo parent or child of a solo parent has all the qualifications set for the scholarship
program of the DepEd, CHED, or TESDA:

Section 14. Social Safety Assistance

Section 16. Limitation and Termination of the Benefits of a Solo Parent. The said
solo parent shall be ineligible to avail of the benefits under this Act if there has been a
change of status.

--nothing follows--