CLJ 102 - Human Rights Education

CHED MEMO ORDER No 5 Series of 2018

Policies, Standards and Guidelines for the Bachelor of Science in Criminology
Program

CLJ 2 (Human Rights Education)

Deals about the relation of Human Rights, Freedom, the Government and its
power to make laws, the roles of State Actors and Non-State Actors on
human rights, and the National and International venue for the protection
of Human Rights

Course Outline

Fundamental Concepts and Principles of Human Rights

Freedom versus Human Rights

The State/Government, its Police Power, and Human Rights

Universal Declaration of Human Rights

Preamble and 30 article

Dec 10 Human Rights Day

Human Rights Legal Framework in the Philippines

Bill of Rights and Constitutional Rights

Statutory Rights

Rights of the Accused

Rights of a Person Under Custodial Investigation, and Deprivation of

Liberty

Women's and Children's Rights

Rights of Cultural Minorities or Indigenous People

Rights of Prisoners
 The UN and International Conventions on Rights of Prisoners of War and
in conflict areas

Human Rights and Municipal Courts of Law, and the International

Criminal Court and the International Court of Justice

Human Rights Education

Rights

are legal, social, or ethical principles of freedom or entitlement; that is,

rights are the fundamental normative rules about what is allowed of people or
owed to people according to some legal system, social convention, or ethical
theory

Human rights

set of principles that recognize and protect the dignity and value of all human
beings

Supreme, inherent, and inalienable rights to life, to dignity, and to self

development. The essence of these rights makes man human.

It is concerned with civil, political, economic, social, and cultural rights

They are rights held by individuals simply because they are part of human
species, they are not granted by any state, and are shared equally by everyone

Range from the most basis "the right to life" to those that make life worth
living, such as right to

Food

Education

Health

Liberty

UNICEF 2015 (United Nations International Children Emergency Fund)

 governs how individual human beings live in society and interact with each
other, as well as their relationship with the state and the obligations that the
state have towards them, it obliges governments to do some things or
enact laws that safeguards and promote Human Rights, and prevents them
from others. Governments have the responsibility to ensure that people are
able to enjoy their rights.

Basic Characteristics of Human Rights

1. Inherent

natural or inborn. Not granted by any person or authority

2. Fundamental

essential. Without them, the life and dignity of man will be meaningless

3. Inalienable

cannot be rightfully taken away from a free individual

4. Imprescriptible

cannot be lost even if man fails to use or assert them, even by a long
passage of time

5. Indivisible

not capable of being divided. Cannot be denied even when other rights
have already been enjoyed

6. Universal

Applies irrespective of one's origin, status, or condition or place where

one lives

7. Interdependent

the fulfillment or exercise of one cannot be had without the realization of

the other

Classification of Rights

Source

1. Natural Rights

God-given rights, acknowledged by everybody to be morally good.

Unwritten, but prevail as a norms of the society

Right to be happy, right to marry, right to life and property

2. Constitutional Rights
 Conferred and protected by the Constitution and which cannot be
modified or taken away by the law making body

right to suffrage, religion, etc

3. Statutory Rights

Those rights which are provided by law promulgated by the law-

making body. May be abolished by the body that created them

rights of the accused, rights of persons under custodial

investigation, etc

Recipient

1. individual rights

accorded to individuals

right to vote, own property, etc

2. Collective rights

also called as people's rights or solidarity rights. Rights of the society,

those that can be enjoyed only in company with other

right to cultural preservation, environmental rights, right to

assemble, etc

Aspect of life

1. Civil rights

Rights which the law will enforce at the instance of private individuals
for the purpose of securing to them the enjoyment of their means of
happiness

right to self-expression, marry, religion

2. Political Rights

right which enable us to participate in running the affairs of the

government either directly or indirectly

right to vote, right to assemble

3. Economic and social right

those which the law confers upon the people to enable them to
achieve social and economic development

right to own property, right of employee

4. Cultural rights
 Right that ensure the well-being of the individual and foster the
preservation, enrichment, and dynamic evolution of national culture
based on the principle of unity in diversity

right to practice one's culture, cultural religion, right to use own

language

Derogability

1. Absolute or Non-derogable rights

those that cannot be suspended nor taken away nor restricted/limited

even in extreme emergency and even if the government invokes
national security

right to freedom of thought, conscience, and religion

2. Derogable or can-be-limited rights

may be suspended or restricted or limited depending on the

circumstances which call for the preservation of social life. It must
satisfy three requirements for it to be valid

Can be restricted when

it is provided by law which made known to every citizen

there is a state of emergency which needs urgent preservation

of public good, public safety, and public moral

it does not exceed what is strictly necessary to achieve the

purpose

examples - during pandemic

right to travel may be limited, right to liberty, which can be

lawfully restricted
Its ok to exercise your right as long as you respect other people's right

The right to swing my fist ends where the other man's nose begins.

Origin of Human Rights

1. Cyrus Cylinder

Origin of human rights are pinpointed to the year 539 BC and was
recorded on a baked clay cylinder known as CYRUS CYLINDER

This was when the troops of Cyrus the Great conquered Babylon

Wherein Cyrus

Freed slaves

Declared that all people had the right to choose their own religions

Establish racial equality

recognized as the world's first charter of human rights

 Translated into all six official languages of the United Nations and its
provisions parallel the first four Articles of the "United Declaration of
Human Rights"

Spanish

Arabic

French

English

Russian

Chinese

2. Natural Law

ius naturale, lex naturalis

Latin

a system of law based on a close observation of human nature and

based on values intrinsic to human nature that can be deduced and
applied independently of positive law (the express enacted laws of a
state or society)

Accdng to natural law theory, all people have the inherent rights
conferred not by act of legislation but by God, nature, or reason

From Babylon, the idea of human rights spread quickly to India, Greece
and eventually Rome

There the concept of natural law arose in observation of the fact that
people tended to follow certain unwritten laws in the course of life

A certain unwritten law

After the Middle Ages - Natural law becomes associated with natural
rights

It is important to note that these doctrines recognized the legitimacy of

slavery and serfdom and in so doing, excluded perhaps the most
important ideas of human rights as they are understood today which is
freedom/liberty and equality

3. Magna Carta (English Great Charter)

First document to put into writing the idea that Monarch and his
government were not above the law

Divine Law
 is any body of law that is perceived as deriving from a
transcendent source, such as the will of God.

In 1215 English barons forced the King of England (King John) to sign the
Magna Carta, in which a new concept of Rule of Law and the basic idea
of defined rights and liberties to all person were introduced

charter of English liberties granted by King John on June 15, 1215 under
threat of Civil war and reissued, with alterations in 1216, 1217 and 1225

Sought to prevent the King from exploiting his power and placed limits
of royal authority by establishing law as a power in itself.

Some provisions of the Magna Carta

All freeman gas the right to justice and fair trial

No freeman shall be seized or imprisoned or stripped of his rights or

possessions, or outlawed or exiled, or deprived of his standing in any
other way nor will we proceed with force against him or send others
to do so except by the lawful judhement of his equals or by the law of
the land

To no one will we sell, to no one deny or delay right or justice

4. 17th and 18th Centuries: Revolutions and Nationalism

1688 English Glorious Revolution

Also known as Bloodless Revolution

Thwarted King James it's attempt to establish a catholic absolutism

and subsequently involved the overthrowing of the King. Who was
replaced by his protestant daughter Mary and her Dutch husband
William of Orange

When Mary and William became King and Queen they signed the
Bill of Rights in England

Bill of Rights

Right to regular Parliament

Free Election

Freedom of Speech in the Parliament

Forbade the monarchy from being Catholic

The English Parliament established its right to limit the English

Monarch's Power to control succession to the throne becoming a
constitutional monarch

Constitutional Monarchy
 System of Government in which a Monarch shares power with a
constitutionally organized Government

The Monarch may be the de facto head of the state or a purely

ceremonial leader

Only the Monarch has the authority to declare War

Britain

Belgium

Cambodia

Jordan

Netherlands

Norway

Spain

Sweden

Thailand

The constitution allocates the rest of the government's power

to the legislature and judiciary.

1775 American Revolution

To be free from Great Britain

Also known as the United States War of Independence

Insurrection by which 13 of the Great Britain's North American

colonies won political Independence and went on to form the United
States of America

American Independence was approved on July 4, 1776 by the US

Congress

Primary Author

Thomas Jefferson

Declaration of Independence

Life

Liberty

and Pursuit of Happiness

It stressed 2 themes

Individual rights
 Right to revolution

These principles became widely held by Americans and spread

internationally, influencing French Revolution

1789 French Revolution

To remove the powers of King and Queen

Denoting the end of Ancient regime in France

End of Monarchy

Declaration of the Rights of man and of the Citizen

All men are born and remain free and equal in rights

Rights of liberty

Private Property

Inviolability of the person

Right to privacy

Resistance to oppression

Concept of terrorism

Reign of Terror, also called the Terror, French La Terreur, period of

the French Revolution from Sep 5, 1793 to July 27 1749.

With civil War spreading

National Assembly

Tennis Court Oath

20th June 1789

Pledging to continue meeting until the King gave in to their

demands for more equality and economic reform

Headed by the most educated member of the 3rd Estate

Maximilien Robespierre and Georges Danton

Some members of the 1st 2 estates even joined their cause

Comte de Mirabeau

Marquis de Lafayette

Jacobin Club

a radical new party

Removal of the King entirely

They need to arm themselves and made the Bourgeois
Militia

The National Guard

Some of the French Guard joined this cause

July 14th 1789

A large crowd stormed and raided the Hotel les Invalides

a military hospital and took plenty of arms

Bad news no gun powder

Good news they know where to get one

The crowd gathered at the Bastille and demanded

Governor de Launay to surrender the prison and hand
over the gunpowder

They paraded Governor de Launay's head

The National Assembly heard of the violence and they

loved it

that leads to more violence

A widespread acceptance of Violence during the

revolution

Credited to the writings of Jean-Paul Marat

His writing was called as the Friend of the People

Citizens of France be very afraid the King and

the nobility wont hesitate to massacre us all.
The solution is simple EXECUTE THEM

Became the most famous writing during that

time

On October 5, 1789

a crowd of women 7, 000 strong marched to the

Versailles where the King is living

They successfully entered the palace to kill the Queen but

able to escape thru a secret passage

King Louie and his family transferred to Tuileries Palace in

Paris

Where the revolutionary Government stripped his power

one by one
 And forced to wear a revolutionary bonnet

The King attempted to free to Austria but was intercepted

and returned to Paris

He was then considered as a traitor

From then on the King or Queen should be considered as

a Constitutional Monarch

Radicals and Moderates

The radical wants the King to be beheaded

The radicals marched the government of Paris are

afraid that an insurrection was mounting so the
revolutionary national guard fired to the crowd of
revolutionaries

They amassed many supports

Equality in Execution

All must be executed in the same way, it should

be quick

Dr Joseph Guillotine has an idea

The National Razor

The nobility and Clergy (Aristocrats) feared that

they may become the target so they flee to
neighboring European Countries

The neighboring Countries feared that the

terror may encroached to them

The National Assembly which was then called as

the Legislative Assembly planned to attack first

France declared War on Austria on April

1792 but failed as Prussia an Ally of Austria
helped

Duke of Brunswick stated that if anything

happened to the King he will Burn Paris
to the Ground

Inspired the Revolutionaries to do the

opposite
 On August 10 1792 the
revolutionary attacked the King
killing some Swiss Guard then the
King went to the National
Assembly and a voting occurred.
The King was then pronounced as a
normal citizen of France.

French Republic was declared on

September 22, 1792

Democracy and Equality

Catholicism was destroyed, and

atheistic thinking called as the
CULT OF REASON was
established

Churches were destroyed

and was converted into
Temple of Reason

Even the Christian Calendar

didn't survived

The Government of Paris led by Sans-Culottes

(Lower Class Extreme Revolutionaries)

Arrested aristocrats and Clergy

As the French Enemy come closer, tens of

thousands of troops left Paris to the Frontline

The writer Jean Paul Marat writes that the Clergy

and Nobility will take revenge on the
Revolutionaries

September Massacre, 1792

Aristocrats, Priests and others were tried and

executed on the spot even women and
children
 King Louie was sentenced to Death by just 1
vote 361-360

As the King has died more and more neighboring

countries became an enemy of France.

Not all of France was in favor of the Radical

thinking and some were unhappy

Some counter-revolutionaries became active

outside of France

Such as in the Northwest led by Les Chouans

(The owl)

Leader - Jean Chouan

Napoleon Bonaparte (solider, son of the

Revolution) helped to Prevent the attacks to the
French Republic
Napoleon, the “solider, son of the Revolution”,
or so he called himself, staged a coup d’état like
nothing ever seen before. France was in a
chaotic and conflict-filled time and was in need
for an individual who could guide the French
people and the state to stability and order.

General Napoleon Bonaparte brought France

out of uncertainty and remained close to the
ideas of the French Revolution by rejoining
France to foundation of laws, agreements,
security and much more. He gave the French
people both individual and collective rights and
freedoms that freed them from ties with the Old
Regime. Though there was been much debate
on the question of whether Napoleon was the
conclusion, extension or betrayal of the French
Revolution, a definite answer has yet to surface.

Answers vary based on the outlook of France

during the time. Outsiders often tend to
consider Napoleon as a threat, and therefore
think that his authoritative reign betrayed the
Revolution. Citizens in France, however, saw him
as a liberator who freed them from the grip of
the Old Regime and created a stable order in
France [ii] . Historians who analyze both the
French Revolution and the reign of Bonaparte
are at conflict with one another to decide if he
belonged to the Revolution and enforced its
ideals, or contradicted them through his
actions.

After close examination of his reign of France

and analyzing his actions, implementation of
policies, agreements and legal codes, and
externally promoting Revolution ideas and
concepts, it is seen that Bonaparte did not
betray the French Revolution after all.
 Napoleon Bonaparte was rather the extension
of the Revolution during his reign as Emperor of
France, as he promoted and implemented ideas
such as equality, liberty and fraternity, which
lead to a reinforcement of revolutionary
concepts that allowed individual and collective
freedoms and rights to benefit the French
society.

War in the Vendee, Republic of France Versus The

owl (Counter revolutionaries) 1793

FR vs Catholics and Royal Army

FR defeated the counter revolution

General Jean-Baptiste Carrier

Thousands of women, civilian and priest

were tied into a ship and then sunk

Soon found guilty of War Crimes and was

executed
Radicals fear for the safety of the Revolution
Intensifying and that the Government was not
doing a very good thing. Marat then suggested the
execution of the Moderates in Government.

The moderates called for the arrest of Marat

Maximilien Robespierre declared the Jacobin

as Insurrection and called on the people to
arm themselves

The moderates were then kicked out of

the Government

Marie-Anne Charlotte de Corday

d'Armont (27 July 1768 – 17 July
1793), known as Charlotte Corday
(French: [kɔʁdɛ]), was a figure of the
French Revolution.
In 1793, she was executed by
guillotine for the assassination of
Jacobin leader Jean-Paul Marat, who
was in part responsible for the more
radical course the Revolution had
taken through his role as a politician
and journalist.

The death of Marat became a more

powerful motivation for the radicals

Reign of terror - Spies and

secret Police were everywhere

October 16, 1793 Mary

Antoinette was tried for
treason and was sent to the
guillotine
 Marie Antoinette Josèphe
Jeanne (/ˌæntwəˈnɛt,
ˌɒ̃ t-/;[1] French: [maʁi
ɑ̃ twanɛt] (listen); née
Maria Antonia Josepha
Johanna; 2 November
1755 – 16 October 1793)
was the last queen of
France before the French
Revolution.

She was born an

archduchess of Austria,
and was the penultimate
child and youngest
daughter of Empress
Maria Theresa and
Emperor Francis I.

Maximilien Robespierre kills even the closest to

him

The Great Terror

Maximilien Robespierre made his greatest mistake

on July 26 1794 when he said that he has a list of
people to be guillotined and many of persons on
the list was on the government

On 1794 Robespierre was Guillotined

 (Thermidorians) After the death of Robespierre the
Moderates entered the Government and the allies
of Robespierre were executed

The White terror

Royalist who want to bring the Monarchy to France

made an insurrection but was neutralized by
NAPOLEON BONAPARTE

NAPOLEON BONAPARTE became a General and

takes control of the army in Italy

The French Government was so corrupt during this

time and NAPOLEON became so Popular after the
invasion of so many nearby countries

On his return to Paris he met Emmanuel Joseph

Sieyes where they grasp the idea of coup

And made NAPOLEON a Dictator

He restored the Church

and Restored the Calendar

NAPOLEONIC WAR

WAR OF THE FIRST COALITION (1792-

1797)

Spreading their revolutionary idea

across Europe

The moderates wants the King to become a

figurehead

Revolution

in social and political science, a major, sudden and hence typically

violent alteration in government and in related associations and
structures

5. 19th and 20th Centuries Development

 Issues pertaining to women, people of color, and members of certain
social, religious, economic and political groups were excluded

1883 Slavery Abolition Act

In Great Britain

Abolished Slavery in Most British Colonies

1865 13th Amendment to the US Constitution: Abolition of Slavery

Abolished Slavery in US (Among Indian Tribes)

1864 The First Geneva Convention

Treatment of Wounded soldiers in Combat

Hors de combat

Geneva - in times of Wae

1919 International Labor Organization

Created as part of Treaty of Versailles that ended World War 1, to

reflect the belief that universal and lasting peace can be
accomplished only if its based on social justice

Its Main Purpose is to oversee treaties protecting workers with

respect to their rights, including their Health and Safety

6. World War 2 (1939-1945)

After the World War 2 the United Nation was drafted

The UN originated as the League of Nations

Charter of the United Nations

founding document of the UN

On June 26, 1945 it was signed in San Francisco, California, USA

Purposes of the UN

To maintain international Peace and Security

To develop friendly relations among the nations

 To achieve international cooperation in solving international
problems

To be a center for harmonizing the actions of nations in the

attainment of these common ends

International Bill of Rights

1948 The creation of the Universal Declaration of Human Rights

Drafted by the UB Commission on Human Rights

Guided by Eleonor Roosevelt

Made up 30 Articles

Adopted by the UN General Assembly on December 10, 1948

Preamble

Whereas recognition of the inherent dignity and of the

equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world,

Whereas disregard and contempt for human rights have

resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have

recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the
rule of law,

Whereas it is essential to promote the development of

friendly relations between nations,

Whereas the peoples of the United Nations have in the

Charter reaffirmed their faith in fundamental human rights,
in the dignity and worth of the human person and in the
equal rights of men and women and have determined to
promote social progress and better standards of life in
larger freedom,

Whereas Member States have pledged themselves to

achieve, in co-operation with the United Nations, the
promotion of universal respect for and observance of
human rights and fundamental freedoms,
 Whereas a common understanding of these rights and
freedoms is of the greatest importance for the full
realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a

common standard of achievement for all peoples and all
nations, to the end that every individual and every organ of
society, keeping this Declaration constantly in mind, shall
strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures,
national and international, to secure their universal and
effective recognition and observance, both among the
peoples of Member States themselves and among the
peoples of territories under their jurisdiction.

Article 1

All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth

in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status. Furthermore, no distinction shall be made on the
basis of the political, jurisdictional or international status of
the country or territory to which a person belongs, whether
it be independent, trust, non-self-governing or under any
other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the

slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.
Article 6

Everyone has the right to recognition everywhere as a

person before the law.

Article 7

All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled
to equal protection against any discrimination in violation of
this Declaration and against any incitement to such
discrimination.

Article 8

Everyone has the right to an effective remedy by the

competent national tribunals for acts violating the
fundamental rights granted him by the constitution or by
law.

Article 9

No one shall be subjected to arbitrary arrest, detention or

exile.

Article 10

Everyone is entitled in full equality to a fair and public

hearing by an independent and impartial tribunal, in the
determination of his rights and obligations and of any
criminal charge against him.

Article 11

Everyone charged with a penal offence has the right to be

presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary
for his defence.

No one shall be held guilty of any penal offence on account

of any act or omission which did not constitute a penal
offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time the
penal offence was committed.

Article 12
 No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks
upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or
attacks.

Article 13

Everyone has the right to freedom of movement and

residence within the borders of each state.

Everyone has the right to leave any country, including his

own, and to return to his country.

Article 14

Everyone has the right to seek and to enjoy in other

countries asylum from persecution.

This right may not be invoked in the case of prosecutions

genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United
Nations.

Article 15

Everyone has the right to a nationality.

No one shall be arbitrarily deprived of his nationality nor

denied the right to change his nationality.

Article 16

Men and women of full age, without any limitation due to

race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.

Marriage shall be entered into only with the free and full
consent of the intending spouses.

The family is the natural and fundamental group unit of

society and is entitled to protection by society and the State.

Article 17

Everyone has the right to own property alone as well as in

association with others.

No one shall be arbitrarily deprived of his property.

Article 18
 Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his religion
or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and

expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart
information and ideas through any media and regardless of
frontiers.

Article 20

Everyone has the right to freedom of peaceful assembly and

association.

No one may be compelled to belong to an association.

Article 21

Everyone has the right to take part in the government of his

country, directly or through freely chosen representatives.

Everyone has the right of equal access to public service in

his country.

The will of the people shall be the basis of the authority of

government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent
free voting procedures.

Article 22

Everyone, as a member of society, has the right to social

security and is entitled to realization, through national effort
and international co-operation and in accordance with the
organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and
the free development of his personality.

Article 23

Everyone has the right to work, to free choice of

employment, to just and favourable conditions of work and
to protection against unemployment.

Everyone, without any discrimination, has the right to equal

pay for equal work.
 Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an
existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.

Everyone has the right to form and to join trade unions for
the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including

reasonable limitation of working hours and periodic holidays
with pay.

Article 25

Everyone has the right to a standard of living adequate for

the health and well-being of himself and of his family,
including food, clothing, housing and medical care and
necessary social services, and the right to security in the
event of unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances beyond his
control.

Motherhood and childhood are entitled to special care and

assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.

Article 26

Everyone has the right to education. Education shall be free,

at least in the elementary and fundamental stages.
Elementary education shall be compulsory. Technical and
professional education shall be made generally available
and higher education shall be equally accessible to all on
the basis of merit.

Education shall be directed to the full development of the

human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of
the United Nations for the maintenance of peace.

Parents have a prior right to choose the kind of education

that shall be given to their children.

Article 27
 Everyone has the right freely to participate in the cultural life
of the community, to enjoy the arts and to share in scientific
advancement and its benefits.

Everyone has the right to the protection of the moral and

material interests resulting from any scientific, literary or
artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in

which the rights and freedoms set forth in this Declaration
can be fully realized.

Article 29

Everyone has duties to the community in which alone the

free and full development of his personality is possible.

In the exercise of his rights and freedoms, everyone shall be

subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of
meeting the just requirements of morality, public order and
the general welfare in a democratic society.

These rights and freedoms may in no case be exercised

contrary to the purposes and principles of the United
Nations.

Article 30

Nothing in this Declaration may be interpreted as implying

for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of
any of the rights and freedoms set forth herein.

Foundation of all international human rights law

December 1966 the UN General Assembly adopted two international

treaties that would further shape international human rights
(international covenants)

International Covenant on Economic Social and Cultural Rights

(ICESCR)

Education

Fair and just conditions of work

adequate standard of living

highest attainable standard of health

 social security

International Covenant on Civil and Political Rights (ICCPR)

Right to equality between men and women in the enjoyment of

their civil and political rights

Right to life and survival

Freedom from inhuman or degrading treatment or punishment

freedom from slavery and servitude

The other Seven Treaties

1. International Convention on the Elimination of All Forms of

Racial Discrimination (ICERD)

2. International Convention on the Elimination of All forms of

Discrimination against Women (CEDAW)

3. Convention against torture and other cruel, inhuman or

degrading treatment or Punishment (CAT)

4. Convention of the Rights of the Child (CRC)

5. International Convention of the Protection of the Rights of All

Migrant Workers and Members of their Families (ICMW)

6. International Convention for the Protection of All Persons from

Enforced Disappearance (CPED)

7. Convention on the Rights of Person with Disabilities

Basic Categories of Human Rights

1. Civil and Political Rights

First generation of Human Rights

Derived from the 17th - 18th Century reformist theories that are
associated with the English American, and French Revolutions

Civil Rights

life, liberty, and personal security

equality before the law

protection from arbitrary arrest

due process of law

fair trial

religious freedom and worship

 Political Rights

Speech and Expression

Assembly and Association

Vote and Political Participation

These rights thus guarantee individual rights to involvement in public

affairs and the affairs of the state

2. Economic, Social, and Cultural Rights

2nd Generation of Human Rights

Originates primarily in the socialist traditions

Social and Economic Rights

Right to Family

Right to Education

Right to health and well-being

Right to property, to work and social security

Right necessary for an adequate standard of living

When protected, these rights help promote individual flourishing,

social and economic development, and self-esteem

Cultural Rights

Right to the benefits of culture

Right to indigenous land rituals, and shared cultural practices

Right to speak one's own language and education

These are meant to maintain and promote sub-national cultural

affiliations and collective identities, and protect minority communities
against the incursions of national assimilationist and nation building
projects

3. Solidarity or Collective Rights

3rd Generation of Human Rights

rooted from Art 28 of the UDHR

Rights to Public Goods such as development and the environment, seek

to guarantee that all individuals and the groups have the right to share
in the benefits of the Earth's Natural resources, as well as those goods
and products that are made through processes of economic growth,
expansion and innovation
Core Principles of Human Rights

Universality and Inalienability

Universality

cornerstone of International Human Rights

Means that we are all entitled to our Human Rights

Inalienable

No one can voluntarily give them up

Nor can others take them away from him/her

They should not be taken away, except in specific situations and

according to due process

Indivisibility

All human rights have equal status, and cannot be positioned in a

hierarchical order

Denial of one right invariably impedes the enjoyment of the other rights

Interdependence and Interrelatedness

Each one contributes to the realization of a person's human dignity

through the satisfaction of his or her development, physical,
psychological, and spiritual needs.

Equality and Non-Discrimination

All individuals are equal

No person should suffer discrimination

discrimination

the unjust or prejudicial treatment of different categories of

people or things, especially on the grounds of race, age, or sex

Participation and Inclusion

All people have the right to participate in and access information relating
to the decision-making processes that affect their lives and well-being

United Nations International Children's Emergency Fund, UNICEF, 2005

Accountability and Rule of Law

States and other duty-bearers are answerable for the observance of

human rights

State Soveriegnty
State

Political organization of society or more commonly known as the

institutions of the government

Are seen as being like individuals, equal, autonomous and posses a right
to self determination

A form of social human association that aims to establish and promote

order and security by means of enacting and enforcement of the laws
within its geographical bounderies

Monteviedo Convention

Qualifications that a state must posses

A permanent population

A defined territory

Governance and

Capacity to enter into relations with other states

Sovereignty

Latin Word (Superanus)

French (Souverainete)

Political concept that refers to dominant power or supreme authority

The ultimate overseer in the decision-making process of the state and in

the maintenance of order

An idea of authority embodied in those bordered territorial

organizations or states and expressed in their various relations and
activities, both domestic and foreign

Constitutional concept of the rights and duties of the governments, and

the citizens or subjects of particular states

Multiple idea of multiple states in relation t each other, each with their
own geographical territories and having foreign relations and dealings
with one another, including either cooperative and amicable relations or
discordant relations and war

The concept of Sovereignty originated in the Peace of Westphalia.

Marks the end of thirty years war

Peace of Westphalia in 1648

State sovereignty
 Capability of a nation-state to enact laws for its citizen without
interference from other states or external organizations

Entitles state to non-intervention on their domestic affairs

Concept of State-Sovereignty

Internal Sovereignty

State has the supreme authority within their borders

No higher authorities and no entities with the authority to take

coercive action inside the territorial limit of the state

External Sovereignty

Implies the states freedom from interference in the jurisdiction

(legislative, judicial, and administrative competence) within their
territory, and the formal equality of states in their dealings with
each other.

Principle of Sovereign Equality

States are juridically equal

Each states enjoys the rights inherent in full sovereignty

Each state has the duty to respect the personality of other states

The territorial integrity and political independence of the State are

inviolable

Each state has the right freely to choose and develop its political,
social, economic and cultural systems

Each state has the duty to comply fully and in good faith with its
international obligations and to live in peace with other states

Rights of States that may be Claimed against Outsiders

Right to territorial Jurisdiction

Right to Non-intervention

Right to Control Borders

Right to Resources

Principle of Progressive Realization

Entails a central of government and their obligations to recognize and

protect economic, social, and cultural rights under international treaties
 Government have an obligation to take appropriate actions to the
maximum of their available resources to make sure of the full realization
of the right to social security of all its subject

The State's compliance with its obligation to take appropriate measures

is assessed in the light of the resources available to it.

Human rights Violations

Slavery

Africans were stripped of human rights, enslaved, brutally treated and

considered lesser than their fellow human beings for centuries

Holocaust

also known as Shoah, was the Genocide of European Jews during WW2.
Some 6 million Jews was murdered

Example of a Violation of Human Right

Louie Soriao was a highschool student in the sub province of

Dinalungan, Aurora. Due to his reputation of talking back to school
authority during the past years, he was refused readmission.

He questioned the notice, averring that he was deprived of a hearing on

the matter and thus the verbal notice was a denial of his right to due
process. Soriao filed a petition for certiorari to the CA

CA ordered Pineda, Head Teacher of Juan C Angara Memorial

Highchool to allow Soriao to enroll and study. The CA invoked the
1987 Constitution and the UDHR

The Three (3) Obligations of the State

Obligations to Respect Human Rights

requires that the government refrain from interfering directly or indirectly

with the enjoyment of Human Rights

includes, refraining from engaging in any practice or activity that denies or

limits equal access to adequate social security

Obligation to Protect Human Rights

requires that government prevent third parties from interfering in any way
with the enjoyment of Human Rights

Obligation to Fulfill Human Rights

Requires the state to adopt legislative, budgetary, judicial, and other

appropriate measures towards the full realization of Human Rights

1. Obligation to Facilitate
 requires the government to take positive measures to assist
individuals

2. Obligation to Promote

requires the government to take steps to ensure that there is

appropriate and sufficient education and public awareness
concerning access to human rights schemes, specifically in rural and
deprived urban areas, or amongst linguistic and other minorities

3. Obligation to Provide

requires the government to provide its subject with goods and

services in order to enable them to enjoy their rights, whenever they
are not able to access on their own the means that enable them to
guarantee their rights

Principles of Effective Remedy

Human Rights law imposes an obligation on countries to provide remedies and

reparation for the victims of human rights violations

Person entitled to reparation

Direct victim

Indirect victim

Treatment of Victims and Right to Remedies

According to the Basic Principles and Guidelines on the Right to a Remedy

and Reparation (BPGRRR), (2005)

Victims should be treated with humanity and respect for their dignity and
human rights, and appropriate measures should be taken to ensure their
safety, physical and psychological well-being and privacy as well as those of
their families.

Remedies for gross violation of international human rights law and serious
violations of international humanitarian law

1. Equal and effective access to justice

According to the United Nations Development Program (UNDP) there

are 6 support to promote access to justice

1. Legal Protection

2. Legal awareness

3. Legal aid and counsel

4. Adjudication
 5. Enforcement

6. Civil Society and Parliamentary Oversight

2. Adequate, effective, and prompt reparation for harmed or suffered.

1. Restitution

measures that restore victims to the original situation before they

suffered gross violations of international human rights law/serious
violations of international humanitarian law

Example

Right to reopening of criminal proceedings

Restoration of legal rights

Restoration of liberty

Restoration or recognition of citizenship

Return to one's place of residence

Restoration of Employment

Return of Property

2. Compensation

pertains to monetary quantifiable award for any economically

assessable damage, whether pecuniary or non-pecuniary, as
appropriate and proportional to the gravity of the violation and the
circumstances of each case, such as lost opportunities, loss of
earnings and moral damage.

3. Rehabilitation

refers to medical and psychological cares as well as legal and social

services

According to the Basic Principles of Justice for Victims of Crime and

Abuse of Power, if the compensation is not fully available for the
offender or other sources, States should endeavor to provide financial
compensation

4. Satisfaction

refers to the broad category of measures, ranging from those aiming

at a cessation of violations, to truth seeking, the search for the
disappeared, the recovery and reburial of remains public apologies,
judicial and administrative sanctions, commemoration and
memorialization, and human rights training.
 5. Guarantee for non-repetition

3. Access to relevant information concerning violations and reparation

mechanism

International Human Rights

US Declaration of Independence

First formal statement by a nation's people asserting their right to choose

their own government

A document written by Thomas Jefferson

The founding Fathers introduced the six founding Principles

Founding Fathers

George Washington

Thomas Jefferson

John Adams

Benjamin Franklin

Alexander Hamilton

John Jay

James Madison

1. The Rule of Law

the law applies equally to all in society, whether they be in the

government or the masses

2. Equality

this form the idea that all men are created equa

3. Unalienable rights

the rights cannot be taken away, they are born within each person
and can never be taken away by the government

4. Social Compact

the idea the People have come together and created a government to
protect their unalienable rights. Hence the power of the government
comes from the people

5. Limited Government

6. Reform and Revolution

 the idea that if the Government becomes unjust and violates our
unalienable rights, we have the right to reform or even abolish it.

United States Constitution, and Bill of Rights

Bill of Rights

a formal declaration of the fundamental rights of individuals within a

particular territory

Purpose

to protect those rights from any arbitrary, unfair, or capriciously

applied actions by the government

Include

Freedom of Religion

Freedom of Speech, press, petition, and assembly

Privacy

Due Process of Law

Equality before the law

Constitution

a written set of rules for a country, it says what the government must do
for the people and what the people must do for the government

France's Declaration of the Rights of Men

The declaration of the Rights of Men and of the Citizen, passed by France's
National Constituent Assembly in August 1789, is the fundamental
document of the French Revolution that granted civil rights to its citizen

Prepared by General Lafayette (Close friend of Thomas Jefferson)

Principle of the Declaration of the Rights of Men and of the Citizen

Social Contract

the term comes from the book of Jean-Jacques Rousseau

A theory or model that originated during the age of Enlightenment

Claims that individuals have consented, either explicitly or tacitly, to

surrender some of their freedom and submit to the authority of the
ruler or magistrate

Separation of Powers

A model for government of a state developed in ancient Greece

 The state is divided into branches, each with separate and
independent powers

Natural Law

United Nation's Instrument on Human Rights

Office of the Commissioner of Human Rights

Headed by the High Commissioner

Special Procedures Division

Field Operations and Technical Cooperation Division

Research and Rights to Development Division

Human Rights Council

Treaties Division

Established by the UN General Assembly in 1993

Headquarters

Geneva, Switzerland

Leading United Nations Entity on Human Rights

Represents the world's commitment to the promotion and protection of

the full range of human rights and freedoms set out in the Universal
Declaration of Human Rights

Commission of Human Rights

Created in 1946

Created under article of the Charter of the United Nations as the

commission to the economic and Social Council

Served as the UN's Central Policy organ in the Human Rights field

Its credibility was put into question when some members were
themselves human rights violators

replaced by the Human Rights Council

Human Rights Council

Created by the UN General Assembly on March 15, 2006

Headquarters - Geneva, Switzerland

Subsidiary Intergovernmental body of the UN General Assembly

UNHRC Institution-Building Package

to guide its work and to establish its mechanisms and procedures

1. Universal Periodic Review

Asses the Human Rights situations in all United Nations

Member

2. Advisory Committee

Think tank on thematic human rights issues

3. Complaint Procedure

Working Group on Communications

Composed of Independent experts, whose primary task is to

determine the admissibility of complaints

Working Group on Situations

Composed of Government representatives of HRC members

states serving in their personal capacity which is called upon
to present the HRC with a report on consistent patterns of
gross and reliably attested human rights violations and to
make recommendations to the council on the course of
action to be taken

Special Procedure

Refer to diverse range of procedure established to promote

and protect human rights and to prevent violations in
relation to specific themes or issues or examine situation in
specific countries

Special Procedure Mandate holders

Serve in their personal capacity and do not receive pay

Expertise

Experience in the field of the mandate

Independence

Impartiality

Personal Integrity

Objectivity

Thematic Mandates and Country Mandates

Country Mandates
 allow mandates to examine, advise, and report on
human rights situation in a specific country

Thematic Mandates

allow mandate holders to analyze major

phenomena linked to certain economic, social,
cultural, civil, and political rights, or specific groups

1. Non-discrimination

2. Mechanism - increase implementation of the

outcomes of the international human rights
mechanism

3. Accountability-strengthen the law

4. Participation

5. Peace and security

6. Development

Mandate-holders

Independent Expert

Special Rapporteur

Working Group

International Humanitarian Rights

On War

International Humanitarian Law versus International Human Rights Law

IHL

Set of rules which seek, for humanitarian reasons to limit the effects of
armed conflict

Protects persons who are not or no longer participating in the hostilities

and restricts the means and methods of warfare

Hors de combat

means a person who

1. is in the power of an adverse party

2. has clearly expressed an intention to surrender

3. has been rendered unconscious or otherwise incapacitated by

wounds or sickness and therefore is incapable of defending himself
Sources of IHL

1. Hague Convention

sets our the means and methods of warfare

This declaration states that, in any war between signatory powers, the
parties will abstain from using projectiles "the sole object of which is
the diffusion of asphyxiating or deleterious gases".

2. The Four Geneva Convention

First Geneva Convention (1949)

protects wounded and sick soldiers on land during war

ICRC

The work of the ICRC is based on the Geneva Conventions of

1949, their additional protocols, its statutes

and those of the international red cross and red crescent

movement

and those resolutions of the International Conferences of the

Red Cross and Red Crescent

The ICRC is an independent, neutral organization ensuring

humanitarian protection and assistance for the victims of
armed conflict and other situations of violence

It takes action in response to emergencies and at the same

time promotes respect for international humanitarian law and
its implementation in national law

Core task of ICRC

1. To supervise the treatment of prisoners of war and make

confidential interventions with detaining authorities

2. To monitor compliance of warring parties with the Geneva

Conventions
 3. To organize nursing and care for those who are wounded
on battlefield

4. To act as a neutral intermediary between warring parties

5. To organize protection and care for civil populations

6. To help with the search for missing persons in an armed

conflict

7 Fundamental principles of ICRC

Humanity

Impartiality

Neutrality

Independence

Voluntary Service

Unity

Universality

International Federation of Red Cross and Red Crescent Societies

is a worldwide humanitarian aid organization that reaches 160

million people each year through its 192 member National
Societies

It acts before, during, and after disasters and health

emergencies to meet the needs and improve the lives of
vulnerable people. It does so with impartiality as to nationality,
race, gender, religious beliefs, class, and political opinions

Second Geneva Convention

Protects wounded, sick and shipwrecked military personnel at sea

during war

Third Geneva Convention

calls for the protection of the prisoners of war

Prisoners of War refers to

1. Members of the armed forces of a party to the conflict as

well as members of militias or volunteer corps forming part
of such armed forces

2. Persons who accompany the armed forces without

actually being members thereof
 civilian members of military aircraft crews, war
correspondents, supply contractors

3. Members of crews, including masters, pilots and

apprentices of the merchant marine and the crews of civil
aircraft of the parties to the conflict

4. Inhabitants of a non-occupied territory, who on the

approach of the enemy spontaneously take up arms to resist
the invading forces

Note

Chaplains and medical personnel attached to armies if

fall into the hands of the enemy they shall not be treated
as prisoners of war

Rights of the POW

1. POWs cannot be compelled to give any information other

than their name, rank, age and service number

2. If because of his physical or mental condition, he is unable

to answer question, he should be handed to the medical
corps

3. A POW must be allowed to keep with him all his personal

possessions which does not include arms and military
papers

4. The POWs shall be released and repatriated immediately

after the cessation of active hostililities

5. They should be treated humanely and with honor

6. POWs should be allowed to inform the International

Committee of Red Cross of their capture

7. They should be allowed to inform their family of their

status

8. If held captive for a long period of time, they should be

allowed to contact their relatives on a regular basis

9. They are allowed to receive pacjages

10. POWs should be provided with adequate food

Fourth Geneva Convention

protects civilians, including those in occupied territory

IHRL
 A set of international rules, established by treaty or custom, on the basis of
which individuals and groups can expect and/or claim certain rights that
must be respected and protected by their states

Outline the obligations and duties of the states to respect, to protect and to
fulfill human rights

Sources of IHRL

1. International Covenants on Civil and Political Rights and on Economic,

Social and Cultural Conflict

2. Convention on the Prevention and Punishment of the Crime of

Genocide

3. Convention on the Elimination of All Forms of Racial Discrimination

4. Convention on the Elimination of All Forms of Discrimination against

Women

5. Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment

6. Convention on the Rights of the Child

7. International Convention on the Convention of the Protection of the

Rights of All Migrant Workers and members of their Families

8. International Convention for the Protection of All Persons from

Enforced Disappearance

9. Convention on the rights of Person with Disabilities

International Court of Justice versus International Criminal Court

ICJ

Dispute between states

like the WPS

Sometime known as World Court, the principal judicial organ or the United
Nations and has a twofold role

First, it settles disputes such as land frontiers, maritime boundaries,

territorial sovereignty, and other disputes between two parties

Second, the ICJ gives advisory opinions on legal questions referred to it

Main office

Hague Netherlands

15 Judges
 ICC

A person or individual who commits a violation against human rights

It investigates and tries individuals charged with the gravest crimes of

concern to the international community: genocide, war crimes, crimes
against humanity, and the crime of aggression

As a court of last resort, it seeks to complement, not replace national courts

Governed by an international treaty called the ROME STATUTE, the ICC is the
world's first permanent international criminal court

There are 123 countries party to the Rome Statute

Main office

Hague Netherlands

18 Judges

Has Jurisdiction over 4 categories of crimes

Genocide

intent to destroy in whole or in part a national, ethnic, racial, or

religious group

war crimes

grave breaches of the laws of war, which include Geneva Conventions

Examples

intentionally directing attacks against the civilian population

intentionally directing attacks against buildings dedicated to

religion, education, art, or hospitals

rape or sexual slavery

enlisting children under the age of 15 into the armed forces

crimes against humanity

or violations committed as part of large-scale attacks against civilian

populations

Crimes of aggression

the use or threat of armed force by a state against political

independence of another state, or violations of the UN Charter

Philippine Laws that is in relation to IHL and IHRL

RA 9851
 An act defining and penalizing crimes against international humanitarian
law, genocide, and other crimes against humanity, organizing jurisdiction,
designating special courts, and for related purposes

Philippine Act on Crimes against International Humanitarian Law,

Genocide, and other Crimes against Humanity

Article 3, 1987 Constitution

Bill of Rights

Classes of Rights

1. Natural Rights

2. Constitutional Rights

3. Statutory Rights

Divisions of Constitutional Rights

Political Rights

Civil Rights

Social and Economic Rights

Rights of an Accused

Some RIghts

Right to Due Process

is a legal shorthand for a set of notions regarding fairness

a law that hears before it condemns, which proceeds on inquiry,

and only renders judgement only after trial.

Classification of Due Process

Substantive

requires that the law must be reasonable

Procedural

Remedial/Procedural Law

Method or manner by which the law is enforced

Elements

Notice

Opportunity to be heard

Jurisdiction
 Administrative

Requisites

Right to hearing

Consideration by the tribunal of the evidence forwarded

or adduced to them

Support of the tribunal on the decision that was made

Decision is made as a result of the careful consideration

of the evidence represented by both parties, and must be
made known to the parties involved

Equal Protection of the Law

All persons subject to legislation should be treated alike, under like

circumstances and conditions booth in conferred privileges and
imposed liabilities

The purpose is to prohibit undue favor

Article XIII Social Justice and Human Rights

refers to a political and philosophical theory that focuses on the concept of

fairness in relations between individuals in society and equal access to
wealth, opportunities, and social privileges

Five principles of Social Justice

Access to resources

Equity - how individuals are given tools specific to their needs

Participation

Diversity

Human Rights

Seven Key areas of prioritization

1. Labor

2. Agrarian and Natural Resources Reform

3. Urban Land Reform and Housing

4. Health

5. Women

6. People's Organization

7. Human Rights
 10 Basic International Human Rights Standards for Law Enforcement

1. Equal Protection

2. Respectful treatment

3. Use of Force

4. Policing Non-violent Assembly

5. Use of Lethal FOrce

6. Arresting on Legal Grounds

7. Detainees Rights

8. Humane Treatment of Detainees

9. Refusal to Obey Unjust Orders

10. Report Violations

RA 9745

Anti-torture Act of 2009

RA 10353

Anti Enforced or Involuntary Disappearance Act of 2012

The Philippines is a signatory to 8 UN Human Rights Treaty

1. International Convention of the Elimination of Racial Discrimination

(ICERD)

2. The International Convention on Economic, Social and Cultural Rights

(ICESR)

3. The Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW)

4. The Convention Against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment (CAT)

5. The International Covenant on Civil and Political Rights (ICCPR)

6. The Convention on the Rights of the Child (CRC)

7. The International Convention on the Protection of the Rights of All

Migrant Workers and Members of their Families (CMW)

8. The Convention on the Rights of Persons with Disabilities or (CRPD)

Commission of Human Rights

 The CHR was created as a response to the atrocities committed during Martial
Law. When the 1987 Philippine Constitution was drafted, Article XIII on Social
Justice and Human Rights clearly defined the creation of the Commission

There is hereby created an independent office called the Commission of

Human Rights

to investigate, on its own or on complaint by any party, all forms of human

rights violations involving civil and political rights

PNP HRAO

Human Rights Affairs Office

serves as the planning and management facility for the implementation of

the PNP Human Rights Development Program

Otherwise known as LOI Pamana or Legacy

LOI 55/07 Pamana or Legacy

1987 Constitution Article 3 - Bill of Rights

It is a declaration and enumeration of a person's rights and privileges which the
constitution is designated to protect against violation by the government or by
individual or groups of individuals. It is a charter of liberties for the individual and
a limitation upon the power of the State

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.

What is Due Process

Under the Authority of the law that is valid under the Constitution itself; and

After compliance with fair and reasonable methods of procedure required

by law

What constitutes Deprivation?

Deprivation of Life

the loss of any of various physical and mental attributes which man must
have to live as human being

Deprivation of liberty

that one is duly prevented from acting the way he wishes to do

Deprivation of property

when its value is destroyed

What is equal protection of the Law?

 It signifies that all persons subject to legislation should be treated alike
under circumstances and conditions both in the privileges conferred and
liabilities imposed

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.

What is the scope of protection

Persons

applies to every citizen of the Philippines including aliens

Houses

not limited to dwelling but extends to a garage, warehouse, shop, store

and even a safety deposit vault

Papers and effects

include sealed letters and packages in the mail which may be opened
and examined only in pursuance of a search warrant

What is probable cause

Facts and circumstances that are sufficient to engender a well founded

belief that a crime has been committed and that the respondent is probably
guilty thereof, and should be held for trial.

Warrant of Arrest vs Search Warrant

Search Warrant

is an order in writing, issued in the name of the People of the Philippines,

signed by a judge, and directed to a peace officer, commanding him to
search for personal property and bring it before the court

Warrant of Arrest

An order signed by a judge directed to a peace officer commanding him

to arrest the person specified therein

Arrest without a Warrant

a. When in his presence, the person to be arrested has committed, is

actually committing, or attempting to commit an offense

Par a, Sec5, Rule 113 of Rules of Court

 Requirements that must be present

First

the person to be arrested must execute an overt act indicating that

he has just committed, is actually committing, or is attempting to
commit a crime; and

Second

such overt act is done in the presence or within the view of the
arresting person

It is not sufficient that the suspect exhibits unusual or strange acts or

simply appears suspicious

b. When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it

par b sec 5 rule 113 of the rules of the court

This is also known as hot pursuit arrest. The phrase HAS JUST BEEN
COMMITTED connotes IMMEDIACY

The measurement of immediacy is between the time the offense was

committed and the time the arrest was made

c. When a person to be arrested is a prisoner who has escaped from a penal

establishment or place where he is serving final judgement or is temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another

par c sec 5 rule 113 of the rules of the court

Search without a Warrant

1. Warrantless Search as an incident to a valid arrest

A person lawfully arrested may be searched for dangerous weapons or

anything which may have been used or constitute proof in the
commission of an offense without a search warrant

Note

the arrest must precede from search and in general sense the process
cannot be reversed

2. Search of Evidence in Plain View

Plain view means anything seen on plain sight or having visual on things
that are readily observable

The evidence must be immediately apparent

 The evidence was inadvertently discovered by the police who have
the right to be where they are

Inadvertence

means that the police officers conducting the search must bear
no knowledge that the evidence was present in that place and
that upon execution of search, such was accidentally discovered

3. Search to a moving vehicle

The vehicles inherent mobility reduces expectation of privacy especially

when in transit in public thoroughfares furnishes a highly reasonable
suspicion amounting to probable cause that the occupant committed a
criminal activity

4. Consented Warrantless Search

The act of relinquishing or abandoning the right against search

Characteristics and environment in which consent is given

1. The age of the defendant

2. whether he was in a public or secluded location

3. whether he objected to the search or passively looked on

4. the education and intelligence of the defendant

5. the presence of coercive police procedures

6. defendant's belief that no incriminating evidence will be found

7. the nature of the police questioning

8. the environment in which the questioning took place

9. the possibly vulnerable subjective state of the person consenting

5. Custom search

Police officers generally empowered by law to effect arrest and execute

processes of courts, when acting under the direction of the Collector has
the authority to conduct custom searches within the jurisdiction of the
BOC

see par d sec 2203 ra 1937

6. Stop and frisk or Terry Searches

The act of a police officer to stop a citizen on the street, interrogate him,
and pat him for weapons or contraband. The grounds of suspicion are
reasonable when is based on actual facts strong to create the probable
cause
 Stop and frisk

search should be limited to outer clothing

Police officers should not rely on a single suspicious circumstances, there

should be a presence of more than one seemingly innocent activity,
which, taken together, warranted a reasonable inference of criminal
activity

7. Eigent and Emergency Circumstances

refers to situations or events that require quick or instantaneous

judgement or decision from the police officer

access to a burning house to rescue the occupant

a police officer hearing gunfire inside the house

emergency aid to a person being injured inside the building

response to a person who screams for help inside an establishment

8. Inspection of buildings and other premises for the enforcement of fire,

sanitary and building regulation

Section 3.

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

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

What is right of privacy

is concisely defines as the right to be left alone or to be free from

undesired publicity without unwarranted interference by the public in
matters with which the public is not necessarily concerned

Warrant to Intercept Computer Data (WICD)

It is an order in writing issued in the name of People of the Philippines,

signed by a Judge, upon application of law enforcement authorities,
authorizing the latter to carry out any or all of the following activities

1. Listening to

2. Recording

3. Monitoring

4. Surveillance of the content of communications, eavesdropping or

tapping devices

(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression,
or of the press, or the right of the people peaceably to assemble and petition the
government for redress of grievances.

What is freedom of expression?

the right to freely utter and publish whatever one pleases without previous
restraint, and to be protected against any responsibility for so doing as long
as it does not violate the law, or injure someone's character, reputation or
business.

Limitations

Slander

Making a false statement damaging one's reputation. Oral defamation

against another

Libel

Published false statements that damages one's reputation

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

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

Religious freedom

the right to worship God, and to entertain such religious views as appeal to
his individual conscience, without dictation or interference by aby person or
power, civil or ecclesiastical

Religious test

one demanding the avowal or repudiation of certain beliefs before the

performance of any act

Example - Laws prescribing the religious qualification of public officials,

or employees, whether appointive or elective, or of voters

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

Limitations

Permissible interference
 the right is disqualified by the clauses "except upon lawful order of the
court" and "except in the interest of national security, public safety, or
public health".

Section 7. The right of the people to information on matters of public concern

shall be recognized. Access to official records, and to documents and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

Scopes of the right

the right embraces all public records

it is limited to citizens only but it is without prejudice to the right if aliens to

have access to records a cases where they are litigants

its exercise of subject to limitations

Section 8. The right of the people, including those employed in the public and
private sectors, to form unions, associations, or societies for purposes not contrary
to law shall not be abridged.

Right to form associations

the freedom to organize or be a member of any group or association,

union, or society, and to adopt the rules which the members judge most
appropriate to achieve their purpose

Section 9. Private property shall not be taken for public use without just
compensation.

Taking

refers not only to actual physical seizure or appropriation of the property

but also to its destruction or impairment

Salus populi suprema est lex

the welfare of the people is the supreme law

Police Power

refers to as the power of the state to enact laws or regulation in relation to

persons and property as may promote public health, morals, public safety,
and welfare and convenience of the people

Eminent Domain

the right or power of the state or of those to whom the power has been
lawfully delegated to take private property for public use upon paying to
the owner a just compensation to be ascertained according to the law
 Limitations

Existence of public use

shall mean public benefit, public utility, or public advantage, or whatever

is beneficially employed for the community

Payment of just compensation

value shall be determined by the proper court based on the market value
at the time of the taking of the property

Observance of due process of law in the taking

this requirement that the owner shall have due notice and hearing in the
expropriation proceedings

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

Obligation of Contract

duty which binds the parties to perform their agreement according to its
terms or intent, if it is not contrary to law, morals, good customs, public
order, pr public safety

When does a contract becomes impaired

when its terms or conditions are changed by law or by a party without the
consent of the other, thereby weakening the position or rights of the latter

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

Section 12.

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

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

(3) Any confession or admission obtained in violation of this or Section 17

hereof shall be inadmissible in evidence against him.

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

Constitutional Right of the Accused

 Right to presumption of innocence

Right to be heard by himself and counsel

Right to speedy and impartial public trial

Right to meet the witnesses face to face

Right to have compulsory process to secure the attendance of witnesses

and the production of evidence in his behalf

Right against self-incrimination

Right against detention by reason of political beliefs

Right against excessive fines

Right against cruel, degrading, or inhuman punishment

Right against infliction of the death penalty except for heinous crimes

Right against double jeopardy

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

Bail

the security required by a court and given for that provisional or temporary
release of a person who is in custody of the law conditioned upon his
appearance before any court as required under the conditions specified

Bail cannot be available to one charged with a capital offense or an offense

punishable by reclusion perpetua

Section 14.

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

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

When can the accused be absent in trial?

 After arraignment, trial may proceed notwithstanding the absence of the
accused provided that he has been duly notified and his failure to appear
is unjustifiable

Note

A public trial is not of necessity one to which the whole public is

admitted, but it is one which is open to all, as that of the accused
friends, relatives, and others who may be inclined to watch the
proceedings in order to see if justice is intelligently and impartially
administered.

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

Writ of Habeas Corpus

an order issued by a court of competent jurisdiction, directed to the person

detaining another, commanding him to produce the body of the prisoner at
a designated time and place and to show sufficient cause for holding in
custody the individual so detained

As to cases of invasion or rebellion

the state has the right to hold in preventive imprisonment pending

investigation and trial of a person who plot against it or commit acts that
endanger its very existence

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

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

Section 18.

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

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

Involuntary servitude

denotes a condition of enforced, compulsory service of one to anther. It

includes the following

Slavery

the state of entire subjection of one person to the will of another

Peonage
 the voluntary submission of a person (peon) to the will of another
because of his debt

Exceptions

Punishment for a crime

Civil or military service as required for citizens for the defense of the
state

Injunctions requiring striking laborers to return to work pending

settlement of a dispute

Exceptional services such as military and naval enlistment

Parents exercising authority over their children in the performance of

reasinable amount of work

Assistance in the protection of peace and order of the community or to

help build or repair public highways and street

Section 19.

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

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

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

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

Debt

any liability to pay money arising out of contract, express, or implied

Poll tax

is a tax of fixed amount imposed on individuals residing within a specified

territory, whether citizens or not, without regard to their property or the
occupation in which they may be engaged.

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

Right against Double Jeopardy

 means that when a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any other manner without
the express consent of the accused, the latter cannot again be charged with
the same or identical case

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

Ex post facto law

(the law having retroactive effect) is one which, operating retrospectively

makes an act criminal even committed before the passage of law

Aggravates a crime compared to when it was committed

Changes the punishment and inflicts a greater punishment

Alters the legal rules of evidence, and receives less testimony from what
the law originally required as to the time the offense was committed, in
order to convict the offender

Bill of attainder

a legislative act which inflicts punishment without a judicial trial

Note

If the punishment is less than death, the act shall be called as BILL OF
PAINS AND PENALTIES

RA 7438
An act defining certain rights of persons arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining and investigating
officers, and providing penalties for violations thereof

a. shall at all times be assisted by counsel

b. any public officer shall inform the latter, in a language known to and
understood by him, of his Miranda rights

c. the custodial investigation report shall be reduced to writing by the

investigating officer. It shall be adequately explained by his counsel provided
by the investigating officer in the language or dialect known to such arrested
or detained person, otherwise, such investigation report shall be null and void
and of no effect whatsoever

d. any extrajudicial confession shall be in writing and signed by such person in

the presence of his counsel otherwise, such extrajudicial confession shall be in
admissible as evidence in any proceeding
 e. any waiver by a person arrested or detained or under custodial investigation,
shall be in writing and signed by such person in the presences of his counsel;
otherwise the waiver shall be null and void and of no effect.

f. shall be allowed visits by or conferences with any member of his immediate

family, or any medical doctor, or priest or religious minister, by his counsel, or
by any national non-governmental organization duly accredited by the
commission of human rights

Immediate family

shall include his or her spouse, fiance or fiancee, parent or child, brother
or sister, grand parent or grandchild, uncle or aunt, nephew or niece, and
guardian or ward

Note

custodial investigation shall include the practice of issuing an invitation

to a person who is investigated in connection with an offense he is
suspected to have committed

Women and Children's Right

Civil Code

Family Code

Labor Code

Child and Youth Welfare Code (PD 603)

12 Rights

1. Every child has the right to be born well

it is the responsibility of the parents to make sure they can provide a safe
environment for their unborn child

2. Every child has the right to a wholesome family life

The child's first learning environment and teachers are their home and
family. They are entitled to be a part of a loving family that will instill
ethical values and morals in them

3. Every child has the right to be raised well and become contributing
members of society

Parents and guardians can shape the personalities of their young to be

useful and contributing members of their respective communities

4. Every child has the right to basic needs

the 4 basic needs of people outlined in the law are as follows: a balanced
diet, adequate clothing, sufficient shelter, and proper healthcare
 5. Every child has the right to access what they need to have a good life

A child's needs must always be attended to so they feel the support of

people around them, which in turn will build and strengthen their
character in adulthood

6. Every child has the right to education

In an ideal world, every child should have the means to go to a

classroom and have access to books and learning materials

7. Every child has the right to play and enjoy their youth

Children have the right to engage in wholesome recreational activities

8. Every child has the right to be protected from danger

This includes all hazards that could affect their physical, mental, and
emotional states

9. Every child has the right to live in a productive environment

Children should be surrounded by safe communities that inspire them to

give back when they are older. This means staying away from bad
influences.

10. Every child has the right to be cared for in the absence of their parent or
guardian

If the parent or guardian fails to fulfill their role, the State shall assume
custody and care for the child, providing them with their fundamental
needs for growth and development

11. Every child has the right to good governance

Children also have the right to be born under the presence of good
governance that can inspire them to become a helpful and active citizen

12. Every child has the right to freedom and peace

Every child is entitled to do whatever they want in their lives, so long as it

contributes to the peace and betterment of the communities they are a
part of.

Anti VAWC Law (RA 9262)

Child Protection Act (RA 7610)

Juvenile Justice and Welfare Act (RA 9344)

Magna Carta of Women (RA 9710)

Act on the prohibition of the death penalty (RA 9346)

Rights of Cultural Minorities

RA 8371

An act to recognize, protect and promote the rights of indigenous people,

creating a national commission on indigenous peoples, establishing
implementing mechanisms appropriating funds thereof, and for other
purposes

NCIP

To carry out the policies herein set forth, there shall be created the National
Commission on ICCs/IPs (NCIP), which shall be the primary government
agency responsible for the formulation and implementation of policies,
plans and programs to promote and protect the rights and well-being of
the ICCs/IPs and the recognition of their ancestral domains as well as the
rights thereto.

Mandate

The NCIP shall protect and promote the interest and well-being of the
ICCs/IPs with due regard to their beliefs, customs, traditions and
institutions.

Salient Rights of Cultural Minorities

Rights to Ancestral Domains

Ancestral Domains refer to all areas generally belonging to ICCs/IPs

comprising lands, inland

Right to Ancestral Lands

The right of ownership and possession of the ICCs/IPs to their ancestral

lands shall be recognized and protected

Ancestral lands refers to land occupied, possessed and utilized by

individuals, families and clans who are members of the ICCs/IPs

Right to Self-Governance and Empowerment

self-governance and self-determination and respects the integrity of their

values, practice and institutions

Right to participate in Decision-Making

right to participate fully, if they so choose, at all levels of decision-making in

matters which may affect their rights

Right to Determine and Decide Priorities for Development

The ICCs/IPs shall have the right to determine and decide their own
priorities for development affecting their lives, beliefs, institutions, spiritual
well-being, and the lands they own, occupy, or use
 Rights During Armed Conflict

right to special protection and security in periods of armed conflict

Freedom from Discrimination and Right to Equal Opportunity and Treatment

It shall be the right of the ICCs/IPs to be free from any form of

discrimination, with respect to recruitment, and conditions of employment,
such that they may enjoy equal opportunities for admission to employment,
medical and social assistance, safety as well as other occupationally-related
benefits

Community Intellectual Rights

ICCs/IPs have the right to practice and revitalize their own cultural traditions
and customs

Rights to religious, cultural sites and ceremonies

the right to manifest, practice, develop, and teach their spiritual and
religious traditions, customs, and ceremonies; the right to maintain, protect
and have access to their religious and cultural sites.

Definition of terms

Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally

belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and
natural resources therein, held under a claim of ownership, occupied or
possessed by ICCs/IPs, by themselves or through their ancestors, communally
or individually since time immemorial, continuously to the present except when
interrupted by war, force majeure or displacement by force, deceit, stealth or as
a consequence of government projects or any other voluntary dealings entered
into by government and private individuals/corporations, and which are
necessary to ensure their economic, social and cultural welfare.

It shall include ancestral lands, forests, pasture, residential, agricultural, and

other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands which may no longer be
exclusively occupied by ICCs/IPs but from which they traditionally had
access to for their subsistence and traditional activities, particularly the
home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;
Ancestral Lands — Subject to Section 56 hereof, refers to land occupied,
possessed and utilized by individuals, families and clans who are members of
the ICCs/IPs since time immemorial, by themselves or through their
predecessors-in-interest, under claims of individual or traditional group
ownership, continuously, to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth, or as a consequence of
government projects and other voluntary dealings entered into by government
and private individuals/corporations, including, but not limited to, residential
lots, rice terraces or paddies, private forests, swidden farms and tree lots;

Certificate of Ancestral Domain Title — refers to a title formally recognizing the

rights of possession and ownership of ICCs/IPs over their ancestral domains
identified and delineated in accordance with this law;

Certificate of Ancestral Lands Title — refers to a title formally recognizing the

rights of ICCs/IPs over their ancestral lands;

Communal Claims — refer to claims on land, resources and rights thereon,

belonging to the whole community within a defined territory;

Customary Laws — refer to a body of written and/or unwritten rules, usages,

customs and practices traditionally and continually recognized, accepted and
observed by respective ICCs/IPs;

Free and Prior Informed Consent — as used in this Act shall mean the
consensus of all members of the ICCs/IPs to be determined in accordance with
their respective customary laws and practices, free from any external
manipulation, interference and coercion, and obtained after fully disclosing the
intent and scope of the activity, in a language and process understandable to
the community;

Indigenous Cultural Communities/Indigenous Peoples — refer to a group of

people or homogenous societies identified by self-ascription and ascription by
others, who have continuously lived as organized community on communally
bounded and defined territory, and who have, under claims of ownership since
time immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive cultural
traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically
differentiated from the majority of Filipinos.
 ICCs/IPs shall likewise include peoples who are regarded as indigenous on
account of their descent from the populations which inhabited the country,
at the time of conquest or colonization, or at the time of inroads of non-
indigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral
domains;

Indigenous Political Structures — refer to organizational and cultural leadership

systems, institutions, relationships, patterns and processes for decision-making
and participation, identified by ICCs/IPs such as, but not limited to, Council of
Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of
similar nature;

Individual Claims — refer to claims on land and rights thereon which have been
devolved to individuals, families and clans including, but not limited to,
residential lots, rice terraces or paddies and tree lots;

National Commission on Indigenous Peoples (NCIP) — refers to the office

created under this Act, which shall be under the Office of the President, and
which shall be the primary government agency responsible for the formulation
and implementation of policies, plans and programs to recognize, protect and
promote the rights of ICCs/IPs;

Native Title — refers to pre-conquest rights to lands and domains which, as far
back as memory reaches, have been held under a claim of private ownership by
ICCs/IPs, have never been public lands and are thus indisputably presumed to
have been held that way since before the Spanish Conquest;

Nongovernment Organization — refers to a private, nonprofit voluntary

organization that has been organized primarily for the delivery of various
services to the ICCs/IPs and has an established track record for effectiveness
and acceptability in the community where it serves;

People’s Organization — refers to a private, nonprofit voluntary organization of

members of an ICC/IP which is accepted as representative of such ICCs/IPs;

Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to

sustainably use, manage, protect and conserve a) land, air, water, and minerals;
b) plants, animals and other organisms; c) collecting, fishing and hunting
grounds; d) sacred sites; and e) other areas of economic, ceremonial and
aesthetic value in accordance with their indigenous knowledge, beliefs, systems
and practices; and
 Time Immemorial — refers to a period of time when as far back as memory can
go, certain ICCs/IPs are known to have occupied, possessed in the concept of
owner, and utilized a defined territory devolved to them, by operation of
customary law or inherited from their ancestors, in accordance with their
customs and traditions.

Rights of Person Deprived of Liberty (PDL)

Right to be treated in a humane manner

Right to a fair trial with adequate and free legal assistance

Right to be protected from cruel, inhumane, degrading treatment and

punishment, including sexual violence and other forms of torture

Right to be kept in official government civilian prisons and to be protected from

being imprisoned in unofficial places of detention or in military custody

Right to appear in Public before a legally constituted court within a short time
after their arrest

Right to a prison program which enhances their social and intellectual abilities

Right to separate living arrangements in prison in accordance with the categories

of gender, age, and reasons for imprisonment.

Philippine Commission on Human Rights

An independent constitutional office created under the 1987 constitution of the
Philippines, with the primary function of investigating all forms of human rights
violations involving civil and political rights in the Philippines

Powers and Functions

1. Investigate, on its own or on complaint by any party, all forms of human

rights violations involving civil and political rights

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

3. 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.

4. Exercise visitorial powers over jails, prisons, or detention facilities.

5. Establish a continuing program of research, education, and information to

enhance respect for the primacy of human rghts

6. Recommend to Congress effective measures to promote human rights

7. Monitor the Philippine Government's compliance with international treaty
obligations on human rights

8. Grant immunity from prosecution to any person whose testimony or whose

possession of evidence is necessary to determine the truth in any investigation
conducted by it or under its authority

9. Request the assistance of any department, bureau, office, or agency in the

performance of its functions

10. Appoint its officers and employees in accordance with law; and

11. Perform such other duties and functions as may be provided by law