1.

What is Human Rights  Human rights as imprescriptible –

means human rights cannot be lost
Our present understanding of human
even if the person fails to assert them. It
rights is built on principles of freedom,
does not expire even by long passage of
justice, equality and human dignity that
time.
have existed since ancient times. However,
 Human rights is inalienable – means
it was out of the atrocities of the Second
that Human rights cannot be taken away
World War that the modern human rights
from an individual nor be given away,
movement was born, culminating in the
transferred or forfeited.
adoption of the Universal Declaration of
Human Rights in 1948. Article 1 sets the Other characteristics:
tone for this historic document: ‘All human
 Human rights are essential and
beings are born free and equal in dignity
necessary – means that Human rights
and rights.
is important to uplift the moral of the
Human rights are generally defined people and necessary to fulfill the
as those rights which are inherent in our purpose of human life.
nature and without which, we cannot live as  Human rights limits state power –
human beings. Duty bearers such as the state bears the
duty to observe and respect human
Human Rights Law is the branch of
rights. Thus, they have to comply with
public law that deals with the body of laws,
the norms and standards set by the law
rules, procedures, and institutions designed
and international human rights law.
to respect, promote, and protect human
rights at the national, regional, and 1948 the Universal Declaration of
international levels. ( HUMAN RIGHTS Human Rights was adopted. Its preamble
LAW,HUMAN RIGHTS CULTURE by Rene recognizes that the inherent dignity and of
Sarmiento) the equal and inalienable rights of all
members of the human family is the
2. What are the Basic
foundation of freedom, justice and peace in
Characteristics of Human Rights :
the world.
As defined under the Council of Europe on
BASIC PRINCIPLES OF HUMAN RIGHTS
Manual for Human Rights with young
people and inherent, fundamental, 1. Universal - everyone is born with and
inalienable, imprescriptible, indivisible, possesses the same rights regardless of
universal and interdependent. their background, nationality, place of
living or status
 Inherent - This means that you cannot
2. Indivisible - all rights are equally
lose them, because they are linked to
important and cannot be separated from
the very fact of human existence, they
each other
are inherent to all human beings.
3. Inalienable - all human rights are non-
 Human rights are indivisible,
derogable and cannot be removed by
interdependent and interrelated -
any political order
This means that different human rights
4. Interdependent - rights political, civil,
are intrinsically connected and cannot
social, cultural and economic-are
be viewed in isolation from each other.
connected and none can be fully enjoy
The enjoyment of one right depends on
without the others
the enjoyment of many other rights and
5. Inherent - natural or inborn. Not
no one right is more important than the
granted by any person or authority
rest.
6. Fundamental - essential. Without
 Human rights are universal - Which
them, the life and dignity of man will be
means that they apply equally to all
meaningless
people everywhere in the world, and
with no time limit.
7. Imprescriptible - Cannot be lost even void. This is because of the policy that
if man fails to use or assert them, even the Bill of Rights sets the limitation of
by a long passage of time. the powers of the government. The Bill
of Rights is also generally self-executing
ARTICLE III
so it must be observed by the
What is Bill of Rights? government even if there is no law
enforcing it. (Bernas 2010 & Garcia,
BILL OF RIGHTS 2002)
The Bill of Rights is the set of RIGHT TO DUE PROCESS OF LAW
prescriptions setting forth the fundamental
civil and political rights of the individual What is due process of law?
and imposing limitations on the powers of
Due process of law is that which
the government as a means of securing the
hears before it condemns, which proceeds
enjoyment of those rights.
to an inquiry, and renders Judgment only
The bill of rights provides for after trial.
individual rights, freedom, and protection
Right to due process of law defined:
against the abuses that may be committed
by the government. These rights are Right to due process of law may be
enumerated under Article III of the defined as a right not to be deprived of life,
Philippine Constitution. (Black, 1990 & liberty, and property without a valid trial.
Garcia, 2002)
What are included in life, liberty, and
What is the purpose of the Bill of property?
Rights?
The following are included in life, liberty,
(Before discussing the purpose of the Bill of and property:
Rights, the inherent powers of the
a. Life includes the right of an individual to
government must be Discussed first). There
his body in its completeness, free from
are three inherent powers of the
dismemberment and extends to the use
government and they are the following:
of God – given faculties which make life
a. Police power; This is the power of enjoyable
promoting public welfare by restraining b. Liberty includes the right to exist, the
and regulating the use of liberty and right to be free from arbitrary personal
property. restraint and servitude, and the right to
b. Power of eminent domain; This is the use all faculties in all lawful means.
power of acquiring private property for c. Property includes anything that can
public purpose upon payment of just come under the rights of ownership and
compensation. be the subject of contract. It also
c. Power of taxation; This is the power includes all kinds of property found in
of raising the revenue to defray the the Civil Code.
necessary expenses of the government.
What are the aspects of due process?
These powers belong to the very
essence of government and without The aspects of due process are the
them, no government can exist. If these following:
powers, however, will not be limited, the
people will be left defenseless against Substantive due process
the abuses that may be committed by This requires the intrinsic validity of
the government. Hence, the Bill of the law in interfering with the rights of the
Rights must exist in order to set person to life, liberty or property. In short, it
limitations in said powers of the is to determine whether it has a valid
government. Generally, any government governmental objective like for the interest
action in violation of the Bill of Rights is
of the public as against mere particular ARREST SHALL ISSUE EXCEPT UPON
class. The requisites of substantive due PROBABLE CAUSE TO BE DETERMINED
process are the following: PERSONALLY BY THE JUDGE AFTER
EXAMINATION UNDER OATH OR
 The interest of the public; and
AFFIRMATION OF THE COMPLAINANT AND
 The means employed are reasonably
THE WITNESSES HE MAY PRODUCE, AND
necessary for the accomplishment of
PARTICULARLY DESCRIBING THE PLACE TO
purpose and not unduly oppressive.
BE SEARCHED AND THE PERSONS OR
Procedural due process. THINGS TO BE SEIZED.

This requires the procedure or the Right Against Unreasonable Search

hearing before it condemns. The requisites and Seizure
of procedural due process are the following:
1. What is the definition of search and
 An impartial court or tribunal clothed seizure?
with judicial power to hear and
Search is defined as the act of looking into
determine matter before it;
carefully in order to find some concealed
 The jurisdiction properly acquired over
items. On the other hand, seizure is to take
the person of the defendant and over
into custody of something. (Bloomsbury,
property which is subject matter of
2007)
proceeding;
 The opportunity to be heard; and 2. What is the right against
o The judgment rendered upon lawful unreasonable search and seizure?
hearing and based on evidence
The right against unreasonable search and
adduced. (Garcia, 2002 & Gacayan,
seizure states that every search and
2010)
seizure must be done by virtue of a search
Right to Equal Protection of Laws warrant. Searches and seizures are
normally unreasonable unless authorized
1. What is equal protection of laws?
by a validly issued search warrant or
The equal protection of laws states warrant of arrest.
that all persons or things similarly situated
There are, however, instances of
must be similarly treated both as to the
warrantless search and seizure and they
rights conferred and responsibilities
are the following
imposed. This is also known as the “equal
protection clause of the Constitution.”  Consented search; Under consented
search, the right against unreasonable
Take Note: The “equal protection clause”
search and seizure may be voluntarily
does not mean that all persons must be
waived by a person being searched
treated equally. The Congress can make
provided the following requisites of
classifications as to whom a law is
waiver are present:
applicable provided it will comply with the
a. Existence of a right;
requisites of a valid classifications.
b. Person has knowledge, either actual
RIGHT AGAINST UNREASONABLE or constructive, of the existence of
SEARCH AND SEIZURE & RIGHT such right, and
AGAINST UNREASONABLE ARREST c. Said person had an actual intention of
relinquishing such right. (Gacayan,
SECTION 2. THE RIGHT OF THE PEOPLE TO 2005)
BE SECURE IN THEIR PERSONS, HOUSES  Search incidental to lawful arrest;
PAPERS, AND EFFECTS AGAINST, Under search incidental to lawful arrest,
UNREASONABLE SEARCHES AND SEIZURES a person lawfully arrested may be
OF WHATEVER NATURE AND FOR ANY searched for dangerous weapons or
PURPOSE SHALL BE INVIOLABLE, AND NO anything which may have been used or
SEARCH WARRANT OR WARRANT OF
 constitute proof in the commission of an officer is not searching for evidence against
offense without search warrant. (Rule the accused, but inadvertently comes
126, Sec. 13 of the Rules of Court) across an Incriminating object.

When a person is lawfully arrested, Illustration of Plainview Search: While a

what is the scope of the search that policeman was conducting patrol, he saw a
may be conducted? handgun held by a person whom te
believed not to be a policeman. In such
When a person is lawfully arrested, the
case, the policeman may inquire about the
police have the right, without a search
license and other documents pertinent to
warrant to make a contemporaneous
the lawful possession of that handgun. In
search in the following:
case no document will be presented, that
 In the person of the arrested person for person may be arrested and his handgun
the fruits or of tools used to commit the may be seized
crime:
 Search of a moving vehicle
 The things under the arrested person’s
(Checkpoint).
immediate control;
 The extent depending on the A search made in checkpoints shall be
circumstances of the case, to the place limited to visual search and neither the
where he is arrested. vehide nor the occupants shall be subjected
to physical search or require the
Take Note: A search incidental to a valid
passengers to alight from the vehicle. An
arrest must be done at the place where the
extensive search may be allowed only if the
accused is arrested or its immediate
officers conducting the search have
vicinity or on the person of the accused. As
probable cause to believe that they would
such, if accused was arrested while inside a
find evidence pertaining to the commission
jeepney, there is no valid search incidental
of a crimen the vehicle to be searched and
to a valid arrest if she will be brought to her
there is no sufficient time to secure a valid
residence and thereafter search said place.
warrant upon which the passengers shall be
(Nolasco Vs. Pano, 139 SCRA 541)
required to alight from the vehicle to effect
 Plainview search, Under the plainview the search. Hence, “the lack of time to
search, illegal things at sight may be procure a search warrant” can be an excuse
seized even without a warrant to do so. for not obtaining search warrant to search a
The things must be readily seen without moving vehicle (NAPOLCOM Memorandum
any effort of locating it. Diroular No. 2011-006

The elements of the plain view search are The warrantless searches and seizures in
the following: military and police checkpoints are not
illegal as these measures are intended to
 A prior valid intrusion based on the valid protect the government and safeguard the
warrantless arrest in which the police lives of the people The checkpoints are
are legally present in the pursuit of their legal as where the survival of the organized
official duties; government is on the balance, or Where the
 The evidence was inadvertently lives and safety of the people are in grave
discovered by the police who had the peril. However, the Supreme Court clarified
right to be where they are that the military and police officers
 The evidence must be immediately manning the checkpoints must conduct
apparent; and “visual search” only, no bodily search,
 The evidence must be seized without subject to some exemptions.
further search.
Take Note:
Plain View Doctrine” Defined: The
“Plain View Doctrine,” is that which justifies A fishing vessel found to be violating
a search without warrant where the police fishery laws may be seized even without a
warrant or two grounds and they are the Search Warrant is an order in writing issued
following in the name of the People of the
Philippines, signed by a judge and directed
 It is unusually equipped with powerful
to a peace officer, commanding him to
motors that enable it to elude pursuit,
search for personal property described
and
therein and bring it before the court. (Rule
 Its seizure would be incidental to lawful
126, Sec. 1 of the Rules of Court)
arrest of the crew. Roldan Jr Vis. Arca.
65 SCRA 336 The requisites of a valid search
warrant are the following:
 Customs search; Under customs
 It shall be issued upon probable cause;
search, the personnel of Bureau of
 The probable cause is determined
Customs conduct search to enforce
personally by the judge upon
customs law or to regulate exports and
examination under oath or affirmation of
imports
the complainant and the witnesses he
 Stop and frisk, and
may produce; and
Sample Case: While conducting patrol, the  Particularly describing the things and
policemen saw several suspicious looking place to be searched. (Art III, Sec. 2 of
men at dawn who ran when they the Philippine Constitution)
(policemen) went near them. As the
SEARCH WARRANT SHALL BE ISSUED
policemen ran after them, an unlicensed
UPON PROBABLE CAUSE
firearm was confiscated. Hence, the crime
of “illegal possession of firearm” was filed What is probable cause?
against them. The arrested persons claimed
that the search was invalid because the When used as a requisite of search
policemen were not in possession of a warrant, “probable cause” is defined as the
search warrant when they were searched. facts and circumstances which would lead a
Are these arrested persons correct? reasonable mind to believe that an offense
has been committed and that the objects
No, these arrested persons are not correct. sought in connection with the offense are in
This is an illustration of “stop and frisk” the place sought to be searched. This
wherein Policemen may search a person probable cause must be shown to be within
whom they believe to be committing a the personal knowledge of the complainant
crime based on a probable cause. The act or the witnesses he may produce and not
of the persons running away from based on mere hearsay. (People of the
policemen induces a reasonable mind to Philippines Vs. Sy Juco, 64 PHIL 667)
believe that they are involved in an illegal
activity (Manalili Vs People of the Probable cause must refer to only one
Philippines October 9 1997) specific offense; otherwise, it will become a
scatter – shot warrant which is
Take Note: An “operation kapkap” being prohibited. (Burgos Vs. Chief of Staff, 133
done by the police because the suspect has SCRA 800)
something bulging in his waist and keeps
on touching his abdomen as if touching a Oath and Affirmation Distinguished:
gun is, however, invalid due to lack of Oath is applicable if the person making his
probable cause (People of the Philippines Vs affidavit believes in God, while affirmation
Mengote, 210 SCRA 174) is applicable if he does not believe in God.
 Exigent or emergency (Classroom discussion of Pangda, 1999)
circumstances The Constitution provides for the contents
What is search warrant and what are of the oath of the President, the Vice-
its requisites? President, or the Acting President before he
will enter on the execution of his office.
Under said provision of the Constitution, procured a search warrant but he exceeds
the last sentence of the oath is “So help me his authority or uses unnecessary severity
God.” In case of affirmation, however, the in executing the same. (Art 129 of the
last sentence will be omitted (Sec 5, Art Vil Revised Penal Code)
of the Constitution)
4. Searching domicile without
What is “scatter – shot warrant?” witnesses.

A “scatter – shot warrant” is a search Searching domicile without witnesses is

warrant issued for more than one specific committed by a public officer or employee
offense like one issued for estafa, robbery, who is armed with a search warrant legally
theft, and qualified theft at the same time. procured and searches the domicile,
(Tambasen Vs. People of the Philippines, Ju papers, or other belongings of any person
14,1995) without the presence of the owner, or any
member of the family, or at least two
The issuance of “scatter-shot warrant” is in
witnesses residing in the same locality (An
violation of Section 4 of Rule 126 of the
130 of the Revised Penal Code)
Rules of Court which provides that: “A
search warrant shall not issue except upon Take Note: The phrase “any member of
probable cause in connection with one the family or at least two witnesses residing
specific offense. in the same locality as stated above refers
to a person of sufficient age and discretion.
What are the crimes that may be
A person is considered of sufficient age if
committed by policemen while
he attains the age of majority (eighteen
conducting search?
years old) and he is of sufficient discretion
The crimes that may be committed by a if he is sane. (Other source Timpac 2011)
policeman while conducting search include
the following:

1. Violation of domicile;

Violation of domicile is committed by any

public officer or employee who, not being
authorized by judicial order, shall enter the
dwelling against the will of the owner
thereof, search papers or other effects
found therein without the previous consent
of the owner, or, having surreptitiously
entered said dwelling, and being required
to leave said premises, shall refuse to do
so. (Art 128 of the Reved Pin Code)

2. Search warrants maliciously

obtained;

Search warrant maliciously obtained is

committed by a public officer or employee
who procures a search warrant without just
cause. (Ari 129 of the Revised Penal Code)

3. Abuse in the authority of search

warrants legally obtained, and

Abuse in the authority of search warrants

legally obtained is committed by a public
officer or employee who has legally