RULE OF LAW
BY: CDT COL MICHELLE ROSALES
PERSONAL INFORMATION INSTRUCTOR’S
NAME: CDT COL MICHELLE ROSALES
PROFILE
AGE: 21 y/o
ADDRESS: Agusan, Cagayan de Oro City
DESIGNATION: Brigade Deputy Commander
SCHOOL: Capitol University
COURSE: BS in Criminology
SCHOOLING
BASIC ROTC (MS 1 & 2)
RSCT (MS 21 & 22)
ARAPT 1 (MS 31 & 32)
ARAPT 2 (41 & 42)
CLASSROOM RULES
Silently go towards
Silent Mode No Sleeping Policy CR if in need.
SAFETY PRECAUTION
In case of flood, proceed to the highest
In case of fire, follow the fire evacuation plan elevation in the area
In case of earthquake, follow the earthquake
evacuation plan
SCOPE OF PRESENTATION
Bill of Rights (Art 3,
1987 Constitution)
Human Rights
International
Humanitarian Law
REFERENCE
Art 3, 1987
Constitution
BILL OF
RIGHTS
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures.
Section 3. The privacy of communication and correspondence shall be inviolable.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law.
Section 7. The right of the people to information on matters of public concern shall be recognized.
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.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance
shall not be denied to any person by reason of poverty.
Section 12. 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.
BILL OF RIGHTS
Section 12. 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.
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.
Section 14. No person shall be held to answer for a criminal offense without due process of law.
Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of
invasion or rebellion when the public safety requires it.
Section 17. All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 16. No person shall be compelled to be a witness against himself.
Section 18. No person shall be detained solely by reason of his political beliefs and aspirations.
Section 19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted.
Section 20.No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense.
Section 22. No ex post facto law or bill of attainder shall be enacted.
HUMAN
RIGHTS
HUMAN RIGHTS
Human rights are generally
defined as those rights, which
are inherent in our nature, and
without which, we cannot live
as human beings.
HUMAN RIGHTS
A. Philippine commission on Human rights
Human rights are supreme, inherent and inalienable rights to life,
dignity and self-development.
B. Man’s responsibility in Human Society
While freedom gives man the right to make moral decisions,
he is responsible for doing so and has to answer to his own
conscience.
C. Basic characteristics of Human Rights
Human rights are generally characterized as inherent,
fundamental, inalienable, imprescriptibly, indivisible,
universal and interdependent.
D. Civil and Political Rights as applied in the Philippines
The ideal of free human beings enjoying civil and political freedom and freedom
from fear and want can only be achieved if conditions are created whereby
everyone may enjoy civil and political rights as well as his economic, social and
cultural rights.
HUMAN RIGHTS
Right of Self – Determination
Includes the right to freely determine their political status and to pursue their
economic, social and cultural development (art. I, sec.1).
Right to Life, Liberty and Security
The most basic human rights from which other rights flow is the
right to life.
Death penalty
Admonition on death penalty.
Euthanasia—mercy killing.
Abortion
Prohibition of slavery and involuntary servitude
Article 8 of the covenant states
No one shall be held in slavery and slave trade in all
forms shall be prohibited.”
Involuntary servitude - forced labor
Exception on forced labor
Equality before the law
All persons are equal before the law and are entitled without any discrimination to the equal
protection of the law” (art. 26, political covenant).
Arbitrary arrest and detention
Every one has the right to liberty and security of person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of his liberty except on such grounds and in
accordance with such procedure as are established by law” (art. 9 covenant).
Warrantles arrest
There are instances when any state police officer or private person, without judicial warrant,
may arrest a person who;
1. Has committed/ attempt/ actually committing an offence in his presence (In-Flagrante
Delicto Arrests)
2. When an offense was committed and he has personal knowledge (Hot Pursuit Arrests)
3. A prisoner who has escaped
Military or police checkpoint
The practice of the police or the military of maintaining checkpoints are some street
corners and searching a person passing or stopping a vehicle to conduct searches has
been constituted as violation human rights.
MIRANDA DOCTRINE
Miranda doctrine. Promulgated by the u.s.
supreme court in Miranda vs. Arizona, 384 u.s.
436 (1960), ruling that during the investigation of
a detained person, he has the right to be informed
of the charges against him and to be assisted by
an independent and competent counsel of his
own choice when making a statement.
"you have the right to remain silent.
Anything you say can and will be used
against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be
appointed for you."
RIGHT OF FAIR AND PUBLIC TRIAL
The Philippine constitution has a corresponding
provision, which reads:
“In all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proves, 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 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” (art. Iii,
sec. 14[2]).
RIGHT TO BAIL
Is a security filed by an accused for his
temporary release (rule 114, rules, of
court).
An accused is entitled to bail except
when he is charged of a crime
punishable by life or death sentence
and the evidence is strong (art. Ii, sec.
13, Philippine constitution).
RIGHT TO COMPENSATION DUE
TO MISCARRIAGE OF JUSTICE
Article 14, Section 6 of the Covenant states that when a person has
a final conviction of criminal offense and when subsequently, his
conviction has been reversed or he has been pardoned on a ground
that a new or newly discovered fact shows conclusively that these
has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated
according to law.
SPECIAL PROCEDURES FOR
JUVENILES
In the case of the juvenile person, the procedure shall
be such as will take account of their age and the
desirability of promoting their rehabilitation” (art. 14,
sec. 4, covenant).
PROHIBITION AGAINST EX-POST
FACTO LAW.
No one shall be held guilty of any criminal offence on account of
any act or omission which did not constitute a criminal offense,
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 when the criminal offence was
committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of the lighter penalty,
the offender shall benefit thereby” (art 15, sec. 1, political
covenant)
EX POST FACTO LAW
A statute which renders a previously innocent act a
criminal offense, aggravates or increases the
punishment for a crime or alters the rules of evidence,
or deprives an accused of some protection or defense
previously available.
RIGHT TO PRIVACY
“No one shall be subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his honor and
reputation.” (Art. 17, sec. 1, covenant).
FREEDOM OF MOVEMENT AND CHOICE OF
DOMICILE
Everyone lawfully within the territory of the state, shall, within the
territory, have the right to liberty of movement and freedom to choose
his residence.
ASYLUM
Everyone has the right to seek and enjoy in other countries asylum
due to political persecution by his/her country. Asylum means the
granting of sanctuary by state to persons politically persecuted in his
own country.
RIGHT OF NATIONALITY
Everyone has the right to nationality
and no one shall be arbitrarily deprived
of his nationality (art. 15, universal
declaration of human rights). Nationality
has a broader meaning than citizenship
in political law.
INTERNATIONAL
HUMANITARIAN
LAW
INTERNATIONAL
HUMANITARIAN LAW
IHL comprises written and Scope and
customary law to protect individuals
in armed conflict. Principles
Law of Geneva: Protects military
personnel who are hors de combat (out
of action) and civilians. Two Key
Law of the Hague: Regulates the Bodies
conduct of hostilities, defining
belligerents' rights and duties.
INTERNATIONAL
HUMANITARIAN LAW
Mandates humane treatment of individuals
Common Article
not taking part in hostilities (including
prisoners, wounded, etc.).
3 of the Geneva
Conventions
Applies to armed conflicts between state Two Key
forces and organized armed groups. BodiesAdditional
Protocol II
Ensures protection for all affected persons
(Protection in Non-
without discrimination, guarantees humane
International Armed
treatment, and prohibits intervention in
internal matters of a state. Conflicts)
INTERNATIONAL
HUMANITARIAN LAW
All individuals who are not part of hostilities must be
respected and protected, especially from: Fundamental
Violence to life and person (e.g., torture, murder).
Collective punishment and acts of terrorism.
Hostage-taking and degrading treatment.
Guarantees
Recruitment of children under 15 into armed forces
is prohibited. (Article 4)
Individuals deprived of their liberty due to conflict
are entitled to:
Adequate food, water, health care, and religious
Protection of Persons
freedoms. Whose Liberty is
Women and children receive special Restricted (Article 5)
protections.
Evacuation from danger zones when necessary.
INTERNATIONAL
HUMANITARIAN LAW
Prohibits retroactive punishment and Penal
ensures that the death penalty is not
applied to minors or pregnant women.
Prosecutions
(Article 6)
Civilians are protected against attacks unless
directly participating in hostilities.
Starvation as a method of combat is Protection of
prohibited. Civilians (Article 13)
Cultural properties and places of worship are
protected from military actions.
INTERNATIONAL
HUMANITARIAN LAW
Civilian displacement is prohibited
unless absolutely necessary for their
Prohibition of Forced
safety or military reasons.
Movement of
Civilians cannot be forcibly moved
Civilians (Article 17)
out of their own territory.
Organizations like the Red Cross can
offer humanitarian aid to conflict victims. Humanitarian
Relief actions must be impartial and Relief (Article 18)
focused on humanitarian needs.
INTERNATIONAL
HUMANITARIAN LAW
All injured persons, whether involved in
conflict or not, must be cared for. Wounded, Sick, and
Shipwrecked
Immediate efforts should be made to (Articles 7-8)
search for and assist the wounded after
engagements.
Medical personnel must be respected
and protected, and medical facilities and Medical
transports are not to be attacked. Personnel and
The Red Cross and other recognized
symbols (e.g., Red Crescent) are
Facilities
protected emblems. (Articles 9-11)
FINAL PROVISIONS
(ARTICLES 19-28)
These cover dissemination,
signature, ratification, and
amendments to the protocol, as
well as the process for
denunciation or withdrawal.
END OF
PRESENTATION
