VOLUME 6- CRIMINAL LAW AND JURISPRUDENCE

TABLE OF CONTENTS
TABLE OF SPECIFICATION ………………………………………………………………………… 2

CLJ1- INTRODUCTION TO
CRIMINAL JUSTICE SYSTEM …………………………………………………………………..…..5

CLJ2-HUMAN RIGHTS
EDUCATION …………………………………………………………………………………..………15

CLJ3-CRIMINAL LAW
BOOK 1 ………………………………………………………………………………………………...51

CLJ4- CRIMINAL LAW

BOOK 2 …………………………………………………………………………………………………82

CLJ5-EVIDENCE ……………………………………………………………………………………134

CLJ6-CRIMINAL PROCEDURE AND

COURT TESTIMONY………………………………………………………………………………..152

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 CRIMINAL LAW and JURISPRUDENCE (CLJ)
BOARD EXAMINATION SUBJECT
Exam Weight – 20%

SUMMARY OF TOPICS, ITEM, and PERCENTAGE DISTRIBUTION

SPECIFIC PROFESSIONAL PRACTICE OUTCOMES Percentage Number of

FOR THIS SUBJECT: Weight Items
and and Distribution
The registered criminologist can perform the following Distribution
professional practice outcomes for his/her initial entry into
the practice of the profession:

1. Apply the principles and jurisprudence of criminal

law, evidence, and criminal procedure.
2. Internalize the concept of human rights and victim
welfare.
3. Demonstrate competence and broad
understanding of law enforcement, public safety,
and criminal justice.
4. Effectively communicate orally and in writing
using both English and Filipino.
5. Act in recognition of professional, social, and
ethical responsibility.

TOPICS

1. INTRODUCTION TO THE CRIMINAL JUSTICE SYSTEM 1% 5

2. HUMAN RIGHTS EDUCATION 1% 5

3. CRIMINAL LAW (BOOK 1) 4% 20

4. CRIMINAL LAW (BOOK 2) 7% 35

5. EVIDENCE 3.4% 17

6. CRIMINAL PROCEDURE AND COURT TESTIMONY

3.6% 18
TOTAL 20% 100

A. INTRODUCTION TO THE CRIMINAL Percentage Weight Number of

JUSTICE SYSTEM and Items
Distribution and Distribution
20% 100
The registered criminologist can perform the
competencies under the following sub-topics: 1% 5

1. Recognize the functions of the law

enforcement agencies in arrest, detention, .40% 2
human rights, investigation, inquest,
prosecution, trial, judgment, and appeal.
2. Explain the process of filing criminal cases
from Police to Court and the rights of the .20% 1
accused and victim.
3. Illustrate the interplay and roles of the
components of the Philippine Criminal .20% 1
Justice System.
4. Discuss other modes of the Criminal Justice
System including the legally recognized .20% 1
Justice System for cultural minorities.

B. HUMAN RIGHTS EDUCATION

Percentage Weight Number of
The registered criminologist can perform the and Items
competencies under the following sub-topics: Distribution and Distribution
20% 100

1% 5

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 1. Use and compare the rights under the Bill of
Rights and other rights granted by the .40% 2
Constitution.
2. Recognize the importance of the Statutory
Rights of the accused and victims, the rights
of the arrested person with and without a .40% 2
warrant, detained persons or Persons
Deprived of Liberty, and those placed under
investigation/custodial investigation.
3. Recall Universal Declaration of Human
Rights; Children; Women; Prisoners; State .20% 1
Actors and Non-State Actors;

C. CRIMINAL LAW (BOOK ONE)

Percentage Weight Number of
The registered criminologist can perform the and Items
competencies under the following sub-topics: Distribution and Distribution
20% 100

4% 20
1. Define and explain the fundamentals of
criminal law, characteristics, principles, .60% 3
enforceability, & limitations.
2. Identify and illustrate the classes of
felonies, stages of commission, who are 1.40% 7
liable, who are not, classification of the
degree of participation in the crime
3. Identify and compare the classification of
penalties, duration, effects, and the .40% 2
extinguishment of liability.
4. Illustrate, compare and contrast the
circumstances affecting criminal liability 1.60% 8

D. CRIMINAL LAW (BOOK TWO)

Percentage Weight Number of
The registered criminologist can perform the and Items
competencies under the following sub-topics: Distribution and Distribution
20% 100

7% 35
1. Recall, use, or compare the elements and
principles of the Crimes against National 2.4% 12
Security, Fundamental law of the state,
Crimes against Public Order; and Crimes
against Personal liberty and security
2. Recall, compare and use the elements
and principles of the Crimes against 3.4% 17
Persons, Property, Chastity, Civil Status,
Honor, and Quasi-Offenses.
3. Recall the punishable acts under the
following Special Penal Laws but not 1.20% 6
limited to; Firearms, Human Trafficking,
Carnapping, Anti-Terrorism, Anti-
Cybercrime, Hazing, Fencing, Money
Laundering, Torture, and others.

E. EVIDENCE
Percentage Weight Number of
The registered criminologist can perform the and Items
competencies under the following sub-topics: Distribution and Distribution
20% 100

3.4% 17
1. Explain, use, and compare the classes,
types, kinds of evidence; the rules of 1.60% 8
Admissibility, Burden of Proofs, and
Presumptions
2. Explain, familiarize, organize the procedure
in the presentation of evidence; Weight 1.60% 8
and Sufficiency of Evidence.
3. DNA Evidence Rule/Electronic Evidence;
Child Witness; .20% 1

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 F. CRIMINAL PROCEDURE AND COURT
TESTIMONY Percentage Weight Number of
and Items
The registered criminologist can perform the Distribution and Distribution
competencies under the following sub-topics: 20% 100

3.60% 18
1. Recognize, use or organize the principles of
Jurisdiction; classes, types, kinds of Courts,
and the Prosecution of Offenses, 1.60% 8
Preliminary Investigation, Trial, and
Judgment.
2. Recall, use, and evaluate the procedures in
Arrest, Bail, Rights of the accused, Motion 1.60% 8
to Quash, Search and Seizure, and
Provisional remedies.
3. Identify the rights of witnesses,
qualifications, and competence of .40% 2
witnesses, legal obligations and
responsibilities, legal liabilities of witnesses.

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 CLJ1: INTRODUCTION TO THE 2. BURDEN OF PROOF
CRIMINAL JUSTICE SYSTEM
In criminal cases, it means that the
government must prove beyond “reasonable doubt”
Criminal Justice System refers to the sum
that the suspect committed the crime. In order to
total of instrumentation which a society uses in the
make sure that only those who are guilty of the crime
prevention and control of crime and delinquency. It
are punished, our Rules on Evidence provides that the
refers to the machinery of the state or government
evidence, in order to be sufficient to convict an accused
which enforces the rules of conduct necessary to
for a criminal act, proof beyond reasonable doubt is
protect life and property and to maintain peace and
necessary. Unless his guilt is shown beyond reasonable
order.
doubt, he is entitled to an acquittal.
It also comprises all the means used to
CRIMINAL IN RELATION TO CRIMINAL JUSTICE
enforce those standards of conduct which are deemed
SYSTEM
necessary to protect individuals and to maintain
general community well-being.
The criminal is the main character of the
Criminal Justice System.
Due Process Model
• The accused is presumed innocent until proven
THE DIFFERENT NOMENCLATURES GIVEN TO
guilty beyond reasonable doubt. It is the study of the
THE PERSON WHO IS BEING PROCESSED
public prosecution to prove the guilt of the accused.
UNDER THE CRIMINAL JUSTICE SYSTEM:
This is the model used in the Philippines at present.
1. The one who is implicated to the commission
Crime Control Model
of a crime. At the police stage, during investigation, he
• The accused is presumed guilty and it is his
is referred to as the SUSPECT.
obligation to prove his innocence. This model is
2. A person who is a subject of preliminary
prevailant during the ancient period.
investigation or inquest proceeding. At the
Prosecutor’s Office, during the determination of
FIVE STAGES IN THE CRIMINAL JUSTICE
probable cause or during the Preliminary Investigation,
PROCESS:
he is referred to as the RESPONDENT.
3. A person charged of an offense in court and
1. Arrest
facing trial. At the trial of the case, when a case has
2. Charging
been filed in Court, he is referred to as the ACCUSED.
3. Adjudication
4. Once the Court has determined that the
4. Sentencing
accused is guilty beyond reasonable doubt as charged
5. Corrections
and the judgement has been rendered, he is referred
to as the CONVICT.
CRIMINAL LAW AND THE CRIMINAL JUSTICE
5. It is only upon undergoing all the process
SYSTEM
when the person has served the sentence when he can
really be considered as a CRIMINAL.
Criminal Law is the basis that takes place in
the Criminal Justice System. Only violations of Criminal
THE FIVE PILLARS OF THE PHILIPPINE
Law are being considered and processed in the
CRIMINAL JUSTICE SYSTEM:
Criminal Justice System. When there is no violation of
1. Law Enforcement
Criminal Law or no crime was committed, criminal
2. Prosecution
justice as a process will not operate.
3. Courts
4. Correction
CRIMINAL LAW
5. Community
Criminal Law is that branch of public which
The three components of the Criminal Justice
defines crimes, treats of their nature, and provides for
System in the United States:
their punishment.
1. Law Enforcement
2. Courts
TWO CLASSIFICATIONS OF CRIMINAL
3. Corrections
LAW
A. SUBSTANTIVE
PHILOSOPHIES BEHIND THE CJS
- defines the elements that are necessary for an act to
1. Adversarial Approach
constitute as a crime and therefore punishable.
- assumes innocence
B. PROCEDURAL
- the prosecutor has the burden of proof
- refers to a statute that provides procedures
- the emphasis is given on the proper
appropriate for the enforcement of the Substantive
procedures
Criminal Law.
2. Inquisitorial Approach
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN
- assumes guilt
THE ADMINISTRATION OF THE CJS
- the accused has the burden of proof
- the emphasis is on the conviction of the
1. PRESUMPTION OF INNOCENCE
accused
This means that those who are accused of
crimes are considered innocent until proven guilty. The
PHILLIPINE CRIMINAL JUSTICE SYSTEM
accused is entitled to all the rights of the citizens until
SETTING:
the accused’s guilt has been determined by the court
of law or by the accused’s acknowledgment of his guilt
1. LAW ENFORCEMENT
that he or she indeed committed the crime. No less
than the Constitution of the Philippines provides that
- also called the POLICE pillar. It occupies the
an accused shall be presumed innocent until proven
frontline of the CJS because they are regarded as
guilty.
the “initiator” or the “prime mover” of the system.
They are also the first contact of the law violator

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 in the CJS process. It investigates, makes arrests - Approved on Dec 13, 1990
and prepares evidence against the suspects
needed to prosecute them. 2. RA 8551 – The “PNP Reform and
Reorganization Act of 1998
Its primary goal is “crime prevention”. - Approved on February 25, 1998.

2. PROSECUTION 3. RA 9708 - “An Act extending for 5 years the

reglementary period for complying the minimum
- takes care of evaluating the evidence and formally educational qualification for appointment to the PNP
charges the suspects before the court. It serves as and adjusting the promotion system thereof”.
screening process on whether to file a case based on - Approved on August 12,
evidence or dismiss the same and determines what 2009
particular crime shall be formally filed and presents the
burden of proof against the suspect. PHILIPPINE NATIONAL POLICE

3. COURT - A law enforcement agency under the DILG.

- It is under administrative control and operational
- conducts arraignment and trial. It issues warrant of supervision of the National Police Commission.
arrest if the accused is at large and acquits the
innocent and adjudicate penalty for the accused if It is an organization that is national in scope
found guilty. and civilian in character, as provided by Section 6,
Article 16 of the 1987 Philippine Constitution:
4. CORRECTION “The state shall establish and maintain one police force
which shall be national in scope and civilian in
- responsible for the incarceration and rehabilitation character…”
of the convicted person to prepare for eventual
reintegration in the community. NATIONAL IN SCOPE

5. COMMUNITY - means that the PNP is a nationwide government

organization whose jurisdiction covers the entire
- helps the penitent offender to become law-abiding breadth of the Philippine archipelago.
citizen by accepting the ex-convict’s re-entry and - all uniformed and non-uniformed personnel of the
assists said penitent offender lead a new life as a PNP are national government employees.
responsible member of the society
- not under or independent among the branches of CIVILIAN IN CHARACTER
the government.
- It means that that the PNP is not a part of the
FIRST PILLAR: LAW ENFORCEMENT military, although it retains some military attributes
such as discipline.
The law enforcement pillar is the branch of the
criminal justice system that has the specific POWERS AND FUNCTIONS OF THE PNP
responsibility of maintaining law and order and
combating crime within the society. 1. Enforce all laws and ordinances relative to the
protection of lives and properties;
The Law Enforcement as the first pillar is considered 2. Maintain peace and order and take all
to be the “initiator” or the “prime mover” of the necessary steps to ensure public safety;
Criminal Justice System. This pillar is also commonly 3. Investigate and prevent crimes, effect the
referred to as the police pillar. arrest of criminal offenders, bring offenders to justice
and assist in their prosecution;
This pillar is comprised of the different law 4. Exercise the general powers to make arrest,
enforcement agencies in the country such as the search and seizure in accordance with the Constitution
Philippine National Police, the National Bureau of and pertinent laws;
Investigation, the Philippine Drug Enforcement 5. Detain an arrested person for a period not
Agency, the Bureau of Customs, the Bureau of Internal beyond what is prescribed by law, informing the
Revenue, and the Land Transportation Office, among person so detained of all his rights under the
others. Constitution;
6. Issue licenses for the possession of firearms
THE FUNCTION OF LAW ENFORCEMENT IN and explosives in accordance with law;
GENERAL 7. Supervise and control the training and
operations of security agencies and issue licenses to
1. To prevent criminal behavior operate security agencies and to security guards and
2. To reduce crime private detectives, for the purpose of their professions.
3. To apprehend and arrest offender
4. To protect the life and property POLICE ROLES AND FUNCTIONS IN THE
5. To regulate non-criminal conduct SOCIETY

PHILIPPINE NATIONAL POLICE I. LAW ENFORCEMENT

- This was organized pursuant to R.A. 6975, as The Philippine National Police has the power to enforce
amended by R.A. 8551 and as further amended by R.A. laws and ordinances relative to the protection of lives
9708. and property, such as the Revised Penal Code, other
special penal laws and city and municipal ordinances.
RELEVANT LAWS ON THE ORGANIZATION OF
THE PNP: II. CRIME PREVENTION - the elimination of
the opportunity for the commission of a crime.
1. RA 6975 - The “Department of the Interior and
Local Government Act of 1990”.

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III. POLICE PATROL
Patrol has been described as the backbone of the SEARCH WARRANT
police department. Theoretically, patrol officers are
- It is an order in writing issued in the name of the
the most valuable people in the organization.
People of the Philippines, signed by a judge and directed
to a peace officer commanding him to search for
IV. CRIME DETECTION personal property described therein, and bring it before
the court
Crime detection is the discovery of the police that a - It has a validity period of TEN (10) days
crime had been committed. - It can be served only once within its validity period

There are traditional ways that occurrence of crime is PERSONAL PROPERTY TO BE SEIZED
made known to the police:
a. Subject of the offense;
1) when the victim personally reports the b. Stolen or embezzled and other proceeds, fruits of
crime to the police; the offense; or
2) when a witness personally reports the c. Use or intended to be used as a means of the
crime to the police; and commission of the offense.
3) when the police catch an offender while in
CIRCUMSTANCES OF WARRANTLESS SEARCH:
the commission of a crime.

V. CRIMINAL APPREHENSION a. Warrantless search incidental to a lawful arrest

under Sec. 12, Rule 128 Rules of Court;
The legal term for criminal apprehension is arrest. b. Seizure of evidence in plain view;
c. Search of a moving vehicle;
ARREST d. Consented warrantless search;
e. Customs search;
Arrest is the taking of a person into custody f. Stop and frisk search; and
in order that he may be bound to answer for the g. Exigent and emergency circumstances.
commission of an offense.
VII. CRIMINAL INVESTIGATION - It is an art which
Modes of Arrest deals with identity and location of the offender and
1. arrest by virtue of a warrant provides evidence of his guilt in criminal proceedings.
2. arrest without a warrant
NATIONAL BUREAU OF INVESTIGATION (NBI)
An arrest may be made on any day and at any
time of the day or night, even on a Sunday. The National Bureau of Investigation (NBI) saw its
inception on November 13, 1936 upon approval of
WARRANT OF ARREST Commonwealth Act No. 181 by the legislature.

- It is an order in writing issued in the name of the It is tasked with organizing a Division of
People of the Philippines, signed by a judge and Investigation or DI patterned after the United States
directed to a peace officer, commanding him to take Federal Bureau of Investigation were Thomas Dugan, a
a person into custody in order that he may be bound veteran American police captain from the New York
to answer for the commission of an offense Police Department and Flaviano C. Guerrero, the only
- It shall remain valid until the person to be arrested Filipino member of the United States Federal Bureau of
has been arrested or has surrendered Investigation.

CIRCUMSTANCES OF WARRANTLESS ARREST: On June 19, 1947, by virtue of Republic Act No.
157, it was reorganized into the Bureau of Investigation.
Arrest without warrant; when lawful. – Later, it was amended by Executive Order No. 94 issued
A peace officer or a private person may, without a on October 4, 1947 renaming it to what it is presently
warrant, arrest a person: known, the National Bureau of Investigation (NBI).

a.When, in his presence, the person to be arrested The NBI is a government entity that is civilian in
has committed, is actually committing, or is character and national in scope which is under the
attempting to commit an offense; Department of Justice.

b. When an offense has just been committed PHILIPPINE DRUG ENFORCEMENT AGENCY
and he has probable cause to believe based on (PDEA)
personal knowledge of facts or circumstances that the
person to be arrested has committed it; and - It was created by virtue of Republic Act 9165.
- It serves as the implementing arm of the Dangerous
c. When the person to be arrested is a prisoner who Drugs Board (DDB).
has escaped from a penal establishment or place - It is responsible for the efficient and effective law
where he is serving final judgment or is temporarily enforcement of all the provisions on any dangerous
confined while his case is pending, or has escaped drug and/or controlled precursor and essential chemical
while being transferred from one confinement to as provided in RA 9165.
another. - It is headed by a Director General with the rank of
Undersecretary appointed by the President.
VI. SEARCH AND SEIZURE - The head of the PDEA is assisted by 2 Deputies
Director General with the rank of Assistant
Search refers to the examination of an individual’s Secretary; 1 for Operations and 1 for
person, house, papers or effects, or other buildings and Administration. They are also appointed by the
premises to discover contraband or some evidence of President.
guilt to be used in the prosecution of a criminal action

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 BUREAU OF INTERNAL REVENUE guilty thereof and should be held for trial (Sec. 112,
Criminal Procedure, Rules of Court).
- It is mandated to assess and collect all national
internal revenue taxes, fees, charges and to enforce It is required to be conducted before the
all forfeitures, penalties and fines connected therewith, filing of the information for an offense where
including the execution of judgments in all cases the penalty prescribed by law is at least 4 years, 2
decided in its favor by the Court of Tax Appeals (CTA) months and 1 day.
and the ordinary courts.
The purpose of conducting preliminary
SECOND PILLAR: PROSECUTION (Traffic Cop) investigation is to establish probable cause.
or (Key Stone)
Probable cause refers to the existence of such facts
Prosecution is the course of action or process and circumstances as would excite a belief in a
whereby accusations are brought before a court of reasonable mind, acting on the facts within the
justice to determine the innocence or guilt of the knowledge of the prosecutor that the person charged
accused. is guilty of the crime for which he is prosecuted. It is
the degree of evidence required in preliminary
In a criminal action, it is a proceeding investigation.
instituted and carried on by due course of law, before
a competent tribunal for the purpose of determining PERSONS AUTHORIZED TO CONDUCT
the guilt or innocence of a person charged with a PRELIMINARY INVESTIGATION:
crime.
a. Provincial or City Prosecutors and their
The party in a criminal proceeding who instituted assistants;
the criminal action is called the prosecution. b. National and Regional State Prosecutors; and
c. Other officers as may be authorized by law such
The party against whom the criminal action was as:
instituted is called the defense.
1. Tanodbayan’s special prosecutors as authorized
In all criminal prosecutions, the real offended party by the Ombudsman;
is the People of the Philippines for a crime is an 2. COMELEC’s authorized legal officers in
outrage against the public/State and its vindication is connection with election offenses; and
in favor of the people in a sovereign State. Thus, all 3. Special prosecutors appointed by the Secretary
criminal cases are titled “People of the Philippines vs. of Justice
_____ (the name of the accused).
COMPLAINT

THE PROSECUTOR - It is a sworn written statement charging a person

with an offense, subscribed by the offended party, any
The prosecutor is the officer of the government peace officer or other public officer charged with the
whose function is the prosecution of criminal actions enforcement of the law violated.
partaking the nature of criminal actions.
- To conduct preliminary investigations INFORMATION
- To make proper recommendation during the inquest
of the case referred to them by the police after - It is an accusation in writing charging a person with
investigation of the suspect. an offense subscribed by the prosecutor and filed with
- To represent the Government or State during the the court.
prosecution of the case against the accused.
- He is also referred to as public prosecutor and An affidavit is a statement of facts under
fiscal. oath.

THE NATIONAL PROSECUTION SERVICE (NPS) A subpoena is a process directed to a person

requiring him to attend and to testify at the hearing
The NPS was created by virtue of Presidential or the trial of an action or at any investigation
Decree No. 1275, entitled “Reorganizing the conducted under the law or for the taking of his
Prosecution Staff of the Department of Justice and the deposition (Section 1, Rule 23, Rules of Courts).
Offices of the Provincial and City Fiscals, Regionalizing
the Prosecution Service and Creating the National INQUEST PROCEEDING
Prosecution Service.” This law was enacted on April
11, 1978. Inquest procedure is an inquiry made by the
duty prosecutor to determine the legality of the arrest
The NPS is under the supervision and control made especially those arrests made without a
of the Department of Justice (DOJ) and is tasked as warrant. Each police station or headquarters should
the prosecutorial arm of the government. in principle also have designated inquest prosecutors
to process inquest procedures with schedule of
It is headed by a Prosecutor General (formerly assignments for their regular inquest duties.
known as Chief State Prosecutor) pursuant to R.A.
10071, otherwise known as the “Prosecution Service This process requires the prosecutors to resolve
Act of 2010”. the complaint the police filed in a prescribed period
which varies depending on the gravity of the offense:
PRELIMINARY INVESTIGATION
light penalties =
Preliminary investigation is an inquiry or 12 hours
proceeding to determine whether there is sufficient correctional penalties =
ground to engender a well-founded belief that a crime 18 hours
has been committed and the respondent is probably afflictive penalties =
36 hours

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 BAIL
POWER OF JUDICIAL REVIEW
Bail is defined as the security given for the release
of the person in the custody of the law, furnished by - It is the power of the Supreme Court to determine
him or a bondsman to guarantee his appearance whether laws passed by Congress and acts of the
before any court as required under the conditions as President are in accordance with the Constitution when
specified. the matter is raised.

The purpose of bail is to secure the appearance of NOTE: All courts have judicial power but only the
the accused before the court when so required and to Supreme Court has the power of judicial review.
provide the accused of his temporary liberty while
awaiting the processing and disposition of the case
filed against him JURISDICTION

KINDS OF BAIL: It is the authority of the court to hear and try a

particular offense and to impose the punishment provided
1.Property Bond; by law.
2.Corporate Surety;
3.Cash Deposit; and VENUE
4.Recognizance.
It refers to the place, location or site where the case is to
THIRD PILLAR: COURT be heard on its merits.

Court as the third pillar is said to be the centerpiece REQUISITES FOR A VALID EXERCISE OF
of the criminal justice system and its primary and most CRIMINAL JURISDICTION:
important function as a component of the criminal
justice system is to decide whether the accused is 1. The offense is one which the court is by law
guilty or not guilty of the crime. It is within the authorized to take cognizance of;
power of this pillar to end the process for the accused 2. The offense must have been committed within its
or to proceed with the next pillar, which is correction. territorial jurisdiction; and
- It is a body to which the public administration of 3. The person charged with the offense must have
justice is delegated, being a tribunal officially been brought to it for trial, forcibly, by warrant of arrest
assembled under authority of law at the appropriate or upon his voluntary submission to the court.
time and place for the administration of justice through
which the State enforces its sovereign rights and KINDS OF JURISDICTION
powers.
- It is an organ of the government belonging 1. General – when the court is empowered to decide
to the judicial department whose function is the all disputes which may come before it except those
application of the laws to controversies brought before assigned in other courts.
it and the public for the administration of justice. 2. Limited – when the court has the authority to
hear and determine only a few specified cases.
CERTIORARI 3. Original - when the court can try and hear a case
presented for the first time
- A writ issued by a superior court requiring a lower 4. Appellate – when the court can try a case already
court or a board or officer exercising judicial functions heard and decided by a lower court, removed from the
to transmit the records of a case to the superior court latter by appeal
for the purpose of review. 5. Exclusive – when the court can try and decide a
case which cannot be presented before any other court
PROHIBITION 6. Concurrent – when any of two or more courts
may take cognizance of a case.
- A writ by a superior court commands a lower court or
a corporation, board or person acting without or in THE PHILIPPINE JUDICIARY
excess of its jurisdiction or with grave abuse of
discretion, to desist from further proceedings in any Batas Pambansa Blg. 129
action or matter.
- This law is otherwise known as the Judiciary
MANDAMUS Reorganization Act of 1980 which defines the
organization, composition and jurisdiction of the courts.
- An order issued by a superior court commanding a
lower court or a corporation, board or person to I. REGULAR COURTS
perform a certain act which it is his duty to do.
1. SUPREME COURT (SC)
QUO WARRANTO - The highest court of the land.
- Composed of a Chief Justice and 14 Associate
- An action by the government to recover an office or Justices.
franchise from an individual or corporation usurping or - It has appellate jurisdiction over cases decided by
unlawfully holding it. the Court of Appeals and has the power of judicial review.
- Known as the court of last resort.
JUDICIAL POWER
2. COURT OF APPEALS (CA)
- It is the power to apply the laws to contests or - Headed by a Presiding Justice and composed of
disputes concerning legally recognized rights or duties sixty-eight (68) Associate Justices.
of and between the State and the private persons or - It has appellate jurisdiction over cases decided by
between individual litigants in cases properly brought the Regional Trial Courts.
before the judicial tribunals. It is vested in one - It reviews not only the decisions and orders of the
Supreme Court and in such lower courts as may be Regional Trial Courts nationwide but also those of the
established by law. Court of Tax Appeals

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 3. REGIONAL TRIAL COURTS (RTC) The Judicial and Bar Council or JBC is a body
- Presided by an RTC Judge. created by the 1987 Philippine Constitution under the
- It has general jurisdiction over criminal cases and supervision of the Supreme Court. It has the principal
has jurisdiction over offenses punishable with function of recommending appointees to the Judiciary.
imprisonment of six (6) years and one (1) day and All justices and judges are appointed by the President
over. from a list of at least three (3) nominees prepared by
- It has appellate jurisdiction over cases decided by the Judicial and Bar Council.
the MTCC, MTC, MeTC and MCTC.

4. Municipal Trial Courts/Municipal Trial Courts CRIMINAL PROCEEDINGS

in Cities/Municipal Circuit Trial A criminal proceeding consists of five main stages or
Court/Metropolitan Trial Court parts:
Original Jurisdiction: (a) all violations of city and 1) Arraignment
municipal ordinances; (b) all offenses punishable with 2) Pre-trial
imprisonment not exceeding six (6) years irrespective 3) Trial
of the amount of fine; and (c) damage to property 4) Judgment
through criminal negligence. 5) Appeal

MUNICIPAL TRIAL COURTS (MTC) First Stage: ARRAIGNMENT

- Every municipality in the Philippines has its own
Municipal Trial Court and every MTC covers only - The reading of the criminal complaint or
one municipality. information to the defendant, by the judge or clerk of
court, and the delivering to him a copy thereof,
MUNICIPAL TRIAL COURTS IN CITIES (MTCC) including a list of witnesses, and asking him whether he
- These are the equivalent of the Municipal Trial pleads guilty or not guilty as charged.
Courts in cities outside Metropolitan Manila. - It is the stage where the accused is formally
informed of the charges against him by reading before
MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) him the information or criminal complaint and asking
- A Municipal Circuit Trial Court is a municipal him whether he pleads guilty or not guilty as charged
trial court which covers two or more municipalities. - It is the stage where the issues are joined in
criminal action and without which the proceedings
METROPOLITAN TRIAL COURTS (MeTC) cannot advance further.
- are Municipal Trial Courts in the cities in the - It requires that the accused be personally or
Metropolitan Manila Area as distinguished from the physically present in court.
other political subdivisions in the Philippines.
Plea is the response of the accused when asked
II. SPECIAL COURTS whether he is guilty or not guilty of the offense charged.
It is of two kinds:
1. SANDIGANBAYAN
- It was created under Presidential Decree No 1606. 1. guilty plea, which must be unconditional; and
- Its rank or level is equal to that of the Court of 2. not guilty.
Appeals and Court of Tax Appeals.
- It is composed of a Presiding Justice and fourteen SECOND STAGE: PRE-TRIAL
(14) Associate Justices.
- This special court is tasked to handle criminal cases - It is a conference called by the judge that requires
involving graft and corruption and other offenses the presence of both the prosecution and the accused
committed by high- ranking public officers and before the beginning of a trial
employees in connection with the performance of their - It is mandatory in all criminal cases
functions.
- It has original exclusive jurisdiction over public The following are to be taken up during the conference:
officers accused of committing crimes in relation to
their official functions and whose salary grade is 27 a. plea bargaining;
and above. b. stipulation of facts;
c. marking for identification of evidence of the
2. COURT OF TAX APPEALS (CTA) parties;
- It was created by Republic Act No 1125, as amended d. waiver of objections to admissibility of evidence;
by Republic Act No 9282. e. modification of the order of trial if the accused
- Its rank or level is equal to that of the Court of admits the charge but interposes a lawful defense;
Appeals and Sandiganbayan. f. such other matters as will promote a fair and
- It is composed of a Presiding Justice and five (5) expeditious trial of the criminal and civil aspects of the
Associate Justices. case.
- It has both the original and appellate jurisdictions
over civil and criminal tax cases involving the National PLEA BARGAINING
Internal Revenue Code, Tariff and Customs Code and
the Local Government Assessment Code. - It is the process whereby the accused, the
offended party and the prosecution work out a mutually
3. SHARI’A COURTS satisfactory disposition of the case subject to court
- It was created pursuant to Presidential Decree 1083 approval
otherwise known as the Code of Muslim Personal Laws
of the Philippines. THIRD STAGE: TRIAL
- It has exclusive jurisdiction over cases that pertain
to family rights and duties as well as contractual Trial is the examination before a competent
relations of Filipino Muslims. Decisions rendered by the tribunal according to the laws of the land of the facts
Shari’a District Courts are final. put in issue in a case for the purpose of determining
such issue. It is the period for the introduction of
JUDICIAL AND BAR COUNCIL (JBC) evidence by both parties.

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 - Imprisonment is supposed to be the payment of
- It is the period for the introduction of evidence by the offender to the victim or the victim’s family for the
both parties. crime he committed against him or them.
- It shall in no case exceed 180 days from the first day
of the trial except as otherwise provided by the 2. DETERRENCE
Supreme Court. - Imprisonment is supposed to discourage
convicted offenders from committing crimes again
FOURTH STAGE: JUDGMENT because of their experience in the prison or jail.

- It is the adjudication by the court that the accused 3. ISOLATION

is guilty or not guilty of the offense charged and the - Convicted offenders are separated from society
imposition of the proper penalty and civil liability. to prevent them from committing another crime
- It is defined as the decision or sentence given by a - At the same time, imprisonment protects law-
court as a result of proceedings instituted therein. abiding citizens from harm which criminals may inflict on
them.
Judgment of Conviction - if the judge finds the
accused guilty of the charges against him. 4. REFORMATION
- This involves the use of punitive and disciplinary
Judgment of Acquittal - if the judge finds the measures such as solitary confinement to modify or
accused not guilty of the charges against him. reform criminal behavior whose conduct and deportment
is not totally responding to rehabilitation programs.
Promulgation of Judgment – It is an official
proclamation or announcement of the decision of the 5. REHABILITATION
court. The judgment is promulgated by reading in the - Based on the premise that through correctional
presence of the accused and any judge of the court in intervention such as educational and vocational training
which it was rendered. and psychotherapeutic programs, an offender may be
changed.
A judgment becomes final:
6. REINTEGRATION
1.when the period for perfecting appeal an appeal has - The effort of correction to change criminal
lapsed; behavior should result in a situation and ability on the part
of the penitent offender to return to society in some
2.when the sentence is partially or totally satisfied or productive and meaningful capacity in a free community.
served;
3.when the accused expressly waives in writing his PENALTY
right to appeal; and - It is the suffering that is inflicted by the State for
the transgression of the law.
4. when the accused applies for probation.
FIFTH STAGE: APPEAL PUNISHMENT
- It is the redress that the State takes against the
- It is the elevation by an aggrieved party of any offender member of society
decision, order or award of a lower body to a higher
body by means of a document which includes the TIME WHEN CORRECTIONS ENTER INTO THE
assignment of errors, memorandum of arguments in PICTURE IN THE ADMINISTRATION OF CJS
support thereof and the reliefs prayed for.
- An appeal must be made within fifteen (15) days As a rule, correctional institutions enter into the
from promulgation of judgment, which is the period for picture when the conviction of the accused has become
perfecting an appeal. final and executory and that is when the judicial process
- The accused may or may not appeal his case. has been completed and the court issues MITTIMUS for
- When the accused decides not to appeal his case, the enforcement of its decision.
the decision becomes final and executory.
- On appeal, the State is represented by the Solicitor Correctional institutions, jails in particular, may
General. receive an accused for custody or detention only, in which
case the court issues a COMMITMENT ORDER.
FOURTH PILLAR: CORRECTIONS
MITTIMUS
- Corrections is the fourth component of the - It is a warrant issued by a court bearing its seal and the
criminal justice system. Where some people viewed it signature of the judge directing the jail or prison
as the “Weakest Pillar” among the pillars of Criminal authorities to receive the convicted offender for service of
Justice System. It is the branch of administration of sentence.
criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of convicted COMMITMENT ORDER
offenders. It also deals with punishment, treatment - It is a written order of a court or authority consigning a
and incarceration of offenders. person to jail or prison for detention.
- It is composed of the institutional and non-
institutional agencies of the government.
TWO DIVISIONS OF CORRECTIONS
PENOLOGY 1) Institutional Corrections
- It is a branch of criminology which deals with the 2) Non-Institutional Corrections
treatment, management and administration of inmates
INSTITUTIONAL CORRECTIONS
PURPOSES/OBJECTVES OF MODERN
CORRECTIONS: PRISON
- It is a confinement facility which has authority over an
1. RETRIBUTION individual sentence by a court to imprisonment which
is administered by a national government.

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 c.minimum security – also called Camp Bukang
JAIL Liwayway; for those who are physically-handicapped,
- It is primarily an adult penal institution used for the sixty-five (65) years old and above, and those who have
detention of law violators which is administered by a only six (6) months remaining in their sentence.
province, city or municipality.
6. SABLAYAN PRISON AND PENAL FARM
DEVELOPMENT OF CORRECTIONS IN THE - It was established on 27 September 1954 by
PHILIPPINES: virtue of Presidential Proclamation No 72
- It is located in Occidental Mindoro
OLD BILIBID PRISON - the facility where prisoners from the New Bilibid Prison
- It is known as the main penitentiary which was are brought for decongestion purposes
constructed in Azcarraga Street, Manila in 1847.
- It was formally opened on 10 April 1865 by a Royal 7. LEYTE REGIONAL PRISON
Decree. - It was established on 16 January 1973 by virtue
- It was later transferred to its new site in Muntinlupa of Presidential Decree No 28.
- It is situated in Abuyog, Southern Leyte.
BUREAU OF PRISONS - It admits convicted offenders from Region 6 and from
- It was created pursuant to Act No 1407 otherwise the national penitentiary in Muntinlupa
known as the Reorganization Act of 1905 which was
enacted on 1 November 1905 as an agency under the INSTITUTIONAL CORRECTIONAL AGENCIES IN
Department of Commerce and Police. THE PHILIPPINES
- It was renamed Bureau of Corrections (Bucor)
pursuant to Executive Order No 292 dated 22 1. BUREAU OF CORRECTIONS (BUCOR)
November 1989. - It is an attached agency of the Department of
Justice.
SEVEN (7) PRISONS AND PENAL FARMS IN THE - Its principal task is for the rehabilitation of
PHILIPPINES prisoners.
- It maintains its office at the New Bilibid Prison
1. SAN RAMON PRISON AND PENAL FARM Compound in Muntinlupa City
- It was established in Southern Zamboanga on 21 - It exercises over-all control and supervision of all the
August 1869. corrections/prisons facilities nationwide
- It was established during the tenure of Governor - It has custody of prisoners sentenced to imprisonment
General Ramon Blanco. It was named after its patron of more than three (3) years
saint.
- It was established originally for persons convicted 2. Provincial Jails – These are jails for the safekeeping
of political crimes of prisoners at the capital of each province. They shall be
- It is considered as the oldest penal facility in the under the supervision and control of the provincial
Philippines. governors.

2. IWAHIG PENAL COLONY 3. Bureau of Jail Management and Penology

- It was established on 16 November 1904 in Puerto (BJMP) – It was created by virtue of Republic Act 6975.
Princesa City, Palawan. It exercises supervision and control over all districts, city
- Originally, it served as a depository for prisoners who and municipal jails nationwide. It was formally established
could not be accommodated at the Old Bilibid Prison in on January 2, 1991.
Manila.
- It was classified as a penal institution in 1907 by DETENTION PRISONERS – They are those held for
virtue of Act No 1723. security reasons, investigation and those awaiting or
undergoing trial and awaiting judgment
3. CORRECTIONAL INSTITUTION FOR WOMEN
(CIW) SENTENCED PRISONERS - those convicted by final
- It was created by virtue of Act No 3579 enacted on judgment and are serving their sentence.
November 1931.
- It is located at Welfareville, Mandaluyong City. P.D. 29 – the law that classified prisoners
- It was established to accommodate female
prisoners. CLASSIFICATION OF PRISONERS
- The female prisoners from the Old BIlibid Prison were
transferred to CIW on 14 February 1931. 1. Detention Prisoners
a. Persons held for security reasons
4. DAVAO PENAL COLONY b. Persons held for investigation
- It is the first penal settlement founded and c. Persons waiting for final judgment
organized under Filipino Administration d. Persons waiting for trial
- It was mestablished in 21 January 1932 by virtue
of Act No 3732. 2. Sentenced Prisoners – prisoners who were convicted
- It is located in the districts of Panabo and Tagum by judgment rendered by a competent court.
in Davao del Norte.
a.Municipal Jail Prisoners – Prisoners sentenced to serve
5. NEW/OLD BILIBID PRISON a prison term of 1 day to 6 months.
- Originally, it was located in Manila before it was b.City Jail Prisoners – Prisoners sentenced to serve
transferred to Muntinlupa City in 1935 imprisonment for 1 day to 3 years.
- It was officially named the New Bilibid Prison on 22 c.Provincial Jail Prisoners – Prisoners sentenced to
January 1941 serve imprisonment of 6 months and one day to 3 years.
- It has three security facilities/camps: d.National or Insular Prisoners – Prsinoners sentenced
to serve imprisonment of 3 years and 1 day to Reclusion
a.maximum security – for those whose sentence is Perpetua or Life Imprisonment.
twenty years and above.
b.medium security – also called Camp Sampaguita; for PRISON
those whose sentence is less than twenty years. - It is derived from the Spanish word, “presidio”.

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 - It is under the supervision of the national government 3. COMMUTATION OF SENTENCE
through the Bureau of Corrections under the - An act of clemency by which a heavier or longer
Department of Justice sentence is reduced to a lighter or shorter term.
- It has custody over convicted offenders whose - It refers to the reduction of the duration of a
sentence is imprisonment of three years and one prison sentence
day and above - It is another prerogative of the President

JAIL 4. AMNESTY
- It is derived from Spanish words, “jaula” and - It a special form of pardon exercised by the
“caula” President.
- It is under the supervision of the local government - It is a general pardon extended to a certain class
through either the Office of the Provincial Governor or of people who are usually political offenders.
Bureau of Jail Management and Penology which are - It needs the concurrence or approval of both
both under the Department of Interior and Local houses of Congress.
Government
- It has custody over convicted offenders whose PAROLE
sentence is imprisonment of three years or less.
- It has custody over offenders who are in - It a procedure by which prisoners are selected for
detention while undergoing investigation, undergoing release on the basis of individual response and progress
trial and awaiting judgment. within the correctional institution and a service by which
they are provided with necessary control and guidance as
NON-INSTITUTIONAL CORRECTIONS they serve the remainder of their sentence within the
community.
1. BOARD OF PARDONS AND PAROLE - It is provided under Act No 4103, the
- It grants parole and recommends to the President the Indeterminate Sentence Law which took effect on 5
grant of any form of executive clemency to deserving December 1933.
prisoners or individuals.
- It reviews reports submitted by the Parole and PROBATION
Probation Administration and makes necessary
decisions It is a disposition under which a defendant after
- It is a functional unit under the Department of Justice. conviction and sentence is released subject to conditions
imposed by the court and under the supervision of a
2. PAROLE AND PROBATION ADMINISTRATION probation officer. It is a privilege granted by the court to
- It was originally called Probation Administration and a person convicted of a criminal offense to remain in the
was created by virtue of PD 968 of 1976 to administer community instead of actually going to prison.
the probation system. - It is provided under Presidential Decree No 986,
- It was renamed Parole and Probation Administration the Probation Law of 1976.
by EO No 292.
- Given the added function of supervising prisoners who, FIFTH PILLAR: COMMUNITY
after serving part of their sentence in jails or prisons
are released on parole with parole conditions Role of the Community as the fifth pillar of the
- It is an attached agency to the Department of Justice. Criminal Justice System

3. Department of Social Welfare and The community is understood to mean as

Development (DSWD) – It renders services for “elements that are mobilized and energized to help
Children in Conflict with the Law (CICL) (RA 9344, authorities in effectively addressing the law-and-order
Juvenile Justice and Welfare Act of 2006, April 28, concern of the citizenry.”
2006).
EXECUTIVE CLEMENCY The responsibilities of the community in relation to
- It is the collective term for absolute pardon, Law Enforcement
conditional pardon, reprieve and commutation of
sentence. As one of the pillars or components of the Criminal
Justice system, the community with its massive
1.PARDON membership has vital responsibilities in law enforcement.
- It is a form of executive clemency granted by the
President as a privilege extended to convicts as a The citizens can achieve these roles by:
discretionary act of grace (a) identifying offenders;
(b) giving data about the illegal activities and cohorts of
TWO (2) KINDS OF PARDON the criminals and the proliferation of organized crimes and
syndicates;
a.ABSOLUTE PARDON – It refers to the total (c) volunteering as witnesses; or
extinction of the criminal liability of the individual to (d) adopting precautionary and remedial measures to
whom it is granted without any condition whatsoever diminish crime.
and restores to the individual his civil rights.
b. CONDITIONAL PARDON – It refers to As had been pointed out, crime prevention is not
an exemption of an individual within certain limits or the sole responsibility of the police but is equally the
conditions from the punishment that the law inflicts for concern of every citizen in order to have a peaceful place
the offense he has committed resulting in the partial to live in.
extinction of his criminal liability
KATARUNGANG PAMBARANGAY (VILLAGE
2. REPRIEVE JUSTICE)
- It is the temporary stay of the execution of a
sentence usually a death sentence. PD 1293 – It is known as the law “CREATING A
- It is another prerogative exercised by the President. KATARUNGANG PAMBARANGAY COMMISSION TO STUDY
- Generally, it is applied to death sentences already THE FEASIBILITY OF RESOLVING DISPUTES AT THE
affirmed by the Supreme Court. BARANGAY LEVEL”.
- It was promulgated on 27 January 1978

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 PD 1508 – It is kmown as the law “ESTABLISHING A Any individual who has a cause of action against
SYSTEM OF AMICABLY SETTLING DISPUTES AT THE another individual involving any matter within the
BARANGAY LEVEL”. authority of the Lupon may complain, orally or in
writing, to the Lupon.
RA 7160 – It is otherwise known as the “LOCAL
GOVERNMENT CODE OF 1991. COMPLAINANT – the person who filed the complaint
- It provides for the REVISED KATARUNGANG against the respondent.
PAMBARANGAY LAW. RESPONDENT – the person who is being complained
- It was enacted on 10 October 1991 of.

LUPONG TAGAPAMAYAPA CAUSE OF ACTION – It is an act or omission of one

party in violation of the legal rights of another for which
- It is a body of men created to settle disputes within the latter suffers damage which affords a party to a right
the barangay level. It is also referred to as the LUPON. to judicial intervention
- The Lupon shall be composed of the Barangay
Chairman as Chairman of the Lupon and the Barangay What shall the Chairman do upon receipt of the
Secretary as the Secretary of the Lupon, plus other complaint?
members who shall be not less than ten (10) but not
more than twenty (20). The Chairman shall meet with the respondent and
- Any resident of the barangay of reputable character complainant and mediate. If he fails in his mediation
may be appointed as member of the Lupon. Members within fifteen (15) days, he shall set a date for the
of the Lupon shall be appointed by the Barangay constitution of the Pangkat.
Chairman.
- The Lupon shall be constituted every three years. MEDIATION OR CONCILIATION – the process
- A Lupon member shall serve for a period of three whereby disputants are persuaded by the Punong
years. Barangay or Pangkat to amicably settle their disputes.
- Essentially, the Lupon must provide a forum for
matters relevant to the amicable settlement of - What shall the Pangkat do after its constitution?
disputes for the speedy resolution of disputes. The Pangkat shall meet not later than three (3) days
after their constitution on the date set by the Chairman
PANGKAT TAGAPAGKASUNDO to hear both parties.
- It shall act as the conciliation panel. It is also referred
to as the PANGKAT. - Within how may days should the Pangkat settle the
- It shall be composed of three (3) members chosen dispute?
from the members of the Lupon. They shall choose The Pangkat shall arrive at a settlement of the dispute
from among themselves the Pangkat Chairman and within fifteen (15) days from its meeting. This period
Pangkat Secretary. may be extended for another fifteen (15) days at the
- The Pangkat shall be constituted whenever a dispute discretion of the Pangkat.
is brought before the Lupon. - The Pangkat shall meet not later than three (3) days
- The members of the Pangkat shall be chosen by the after their constitution, on the date set by the Chairman,
parties of the dispute from among the Lupon to hear both parties.
members. In case of disagreement, the Barangay - The Pangkat shall arrive at a settlement of the dispute
Chairman shall draw lots. within fifteen (15) days from its meeting. This period
may be extended for another fifteen (15) days at the
discretion of the Pangkat.
What matters fall under the jurisdiction of the - All amicable settlements shall be in writing.
Lupon? Why should parties’ resort to amicable
settlement before going to the police?
a. Those involving offenses that are punishable by
imprisonment of one year and below, or a fine in the Because it is a pre-condition to filing of complaint in
amount of five thousand pesos and below; court:
b. Those involving parties who actually reside or work
in the same barangay; “No complaint involving any matter within the
c. Those involving marital and family disputes; authority of the Lupon shall be filed directly in court
d. Those involving minor disputes between neighbors; unless there has been a confrontation between the
e. Those involving real properties located in the parties before the Chairman or the Pangkatb and that
barangay; no conciliation or settlement has been reached as
certified by the Secretary or unless the settlement has
VENUE FOR AMICABLE SETTLEMENT been repudiated by the parties.”

- Disputes between persons actually residing in the The amicable settlement shall have the force and
same barangay shall be brought for amicable effect of a final judgment of a court upon the expiration
settlement before the Lupon of said barangay; of ten (10) days from the date of settlement.
- Those involving actual residents of different barangays
within the same city or municipality shall be brought in Criminal Justice System as Process
the barangay where the respondent actually resides;
- All disputes involving real property or any interest shall - Criminal Justice System refers to the “orderly
be brought in the barangay where the real property or progression of events from the time a person is arrested
the larger portion is situated; or taken out of the community, investigated,
- Those arising at the workplace where the contending prosecuted, sentenced, punished, rehabilitated, and
parties are employed or at the institution where such eventually returned to the community.”
parties are enrolled for study shall be brought in the
barangay where such workplace or institution is
located.

PROCEDURE FOR AMICABLE SETTLEMENT

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 CLJ2: HUMAN RIGHTS EDUCATION of the inherent dignity of each human person. No
one, therefore, should suffer discrimination on the
DEFINITION OF HUMAN RIGHTS basis of race, colour, ethnicity, gender, age,
Human rights language, sexual orientation, religion, political or
= are universal legal guarantees protecting other opinion, national, social or geographical origin,
individuals and groups against actions and omissions disability, property, birth or other status as
that interfere with fundamental freedoms, established by human rights standards.
entitlements and human dignity. Human rights law
obliges Governments (principally) and other duty- Participation and Inclusion: All people have
bearers to do certain things and prevents them from the right to participate in and access information relating to
doing others. the decision-making processes that affect their lives and
= All humans, regardless of nationality, sex, well-being. Rights-based approaches require a high degree
ethnic origin, color, religion, language, or any other of participation by communities, civil society, minorities,
status, are free and equal in dignity and rights. women, young people, indigenous peoples and other
= Human Rights range from the most basic identified groups.
"the right to life" to those that make life worth living,
such as the rights to food, education, work, health, and Accountability and Rule of Law: States and
liberty. other duty-bearers are answerable for the observance of
= The Universal Declaration of Human Rights human rights. In this regard, they have to comply with the
(1948) give its meaning is the advent of a world in legal norms and standards enshrined in international
which human beings shall enjoy freedom of speech human rights instruments. Where they fail to do so,
and belief and freedom from fear and want. and aggrieved rights-holders are entitled to institute
respecting their human rights. proceedings for appropriate redress before a competent
= are a set of principles that recognize and court or other adjudicator in accordance with the rules and
protect the dignity and value of all human beings. procedures provided by law. Individuals, the media, civil
According to UNICEF (2015) society and the international community play important
Human Rights = governs how individual human roles in holding governments accountable for their
beings live in society and interact with each other, as obligation to uphold human rights.
well: their relationship with the State and the UNFPA supports the integration of human rights
obligations that the State have as onwards them. standards into all stages of its programming framework,
HUMAN RIGHTS PRINCIPLES including:
Human rights are universal and inalienable; • Analyzing the immediate, underlying and
indivisible; interdependent and interrelated. They are structural causes of human rights violations
universal because everyone is born with and possesses • Setting strategies and goals to address the main
the same rights, regardless of where they live, their causes of human rights violations and to empower the most
gender or race, or their religious, cultural or ethnic vulnerable people as well as to reinforce the capacity of
background. Inalienable because people’s rights can duty bearers.
never be taken away. • Supporting initiatives for the establishment or
Indivisible and interdependent because improvement of an enabling legal and social framework on
all rights – political, civil, social, cultural and population and development, reproductive health and
economic – are equal in importance and none can be gender equality
fully enjoyed without the others. They apply to all • Following the recommendations of UN treaty
equally, and all have the right to participate in bodies such as the Committee on the Elimination of
decisions that affect their lives. They are upheld by the Discrimination Against Women
rule of law and strengthened through legitimate claims • Evaluating and monitoring programmes with
for duty-bearers to be accountable to international participatory processes and using human rights indicators
standards. UNFPA also recognizes that a rights-based approach should
Universality and Inalienability: Human be founded on an analysis of gender and social exclusion to
rights are universal and inalienable. All people ensure that programmes reach marginal and vulnerable
everywhere in the world are entitled to them. The segments of the population, especially poor women and
universality of human rights is encompassed in the young people.
words of Article 1 of the Universal Declaration of HUMAN RIGHTS INSTITUTIONS
Human Rights: “All human beings are born free and The eight human rights treaty bodies are:
equal in dignity and rights.” 1. The Human Rights Committee (CCPR)
Indivisibility: Human rights are indivisible. 2. The Committee on Economic, Social and
Whether they relate to civil, cultural, economic, Cultural Rights (CESCR)
political or social issues, human rights are inherent to 3. The Committee on the Elimination of Racial
the dignity of every human person. Consequently, all Discrimination (CERD)
human rights have equal status, and cannot be 4. The Committee on the Elimination of
positioned in a hierarchical order. Denial of one right Discrimination Against Women (CEDAW)
invariably impedes enjoyment of other rights. Thus, 5. The Committee Against Torture (CAT) &
the right of everyone to an adequate standard of living Optional Protocol to the Convention against Torture
cannot be compromised at the expense of other rights, (OPCAT) - Subcommittee on Prevention of Torture
such as the right to health or the right to education. 6. The Committee on the Rights of the Child (CRC)
Interdependence and Interrelatedness: 7. The Committee on Migrant Workers (CMW)
Human rights are interdependent and interrelated. 8. The Committee on the Rights of Persons with
Each one contributes to the realization of a person’s Disabilities (CRPD)
human dignity through the satisfaction of his or her THE INTERNATIONAL BILL OF RIGHTS
developmental, physical, psychological and spiritual RIGHTS IN THE UNIVERSAL DECLARATION OF
needs. The fulfilment of one right often depends, HUMAN RIGHTS
wholly or in part, upon the fulfilment of others. For PREAMBLE
instance, fulfilment of the right to health may depend, Whereas recognition of the inherent dignity and of
in certain circumstances, on fulfilment of the right to the equal and inalienable rights of all members of the
development, to education or to information. human family is the foundation of freedom, justice and
Equality and Non-discrimination: All peace in the world,
individuals are equal as human beings and by virtue Whereas disregard and contempt for human rights
have resulted in barbarous acts which have

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 outraged the conscience of mankind, and the advent guilty according to law in a public trial at which he has
of a world in which human beings shall enjoy had all the guarantees necessary for his defense.
freedom of speech and belief and freedom from fear 2. No one shall be held guilty of any penal
and want has been proclaimed as the highest offence on account of any act or omission which did
aspiration of the common people, not constitute a penal offence, under national or
Whereas it is essential, if man is not to be compelled international law, at the time when it was committed.
to have recourse, as a last resort, to rebellion against Nor shall a heavier penalty be imposed than the one
tyranny and oppression, that human rights should be that was applicable at the time the penal offence was
protected by the rule of law, Whereas it is essential to committed.
promote the development of friendly relations between Article 12 No one shall be subjected to arbitrary
nations, interference with his privacy, family, home or
Whereas the peoples of the United Nations have in the correspondence, nor to attacks upon his honour and
Charter reaffirmed their faith in fundamental human reputation. Everyone has the right to the protection of the
rights, in the dignity and worth of the human person law against such interference or attacks.
and in the equal rights of men and women and have Article 13 1. Everyone has the right to freedom
determined to promote social progress and better of movement and residence within the borders of each
standards of life in larger freedom, State.
Whereas Member States have pledged themselves to 2. Everyone has the right to leave any country,
achieve, in cooperation with the United Nations, the including his own, and to return to his country.
promotion of universal respect for and observance of Article 14 1. Everyone has the right to seek and
human rights and fundamental freedoms, to enjoy in other countries asylum from persecution. 2. This
Whereas a common understanding of these rights and right may not be invoked in the case of prosecutions
freedoms is of the greatest importance for the full genuinely arising from non-political crimes or from acts
realization of this pledge, contrary to the purposes and principles of the United
Now, therefore, The General Assembly, Proclaims this Nations.
Universal Declaration of Human Rights as a common Article 15 1. Everyone has the right to a
standard of achievement for all peoples and all nations, nationality.
to the end that every individual and every organ of 2. No one shall be arbitrarily deprived of his
society, keeping this Declaration constantly in mind, nationality nor denied the right to change his nationality.
shall strive by teaching and education to promote Article 16 1. Men and women of full age, without
respect for these rights and freedoms and by any limitation due to race, nationality or religion, have the
progressive measures, national and international, to right to marry and to found a family. They are entitled to
secure their universal and effective recognition and equal rights as to marriage, during marriage and at its
observance, both among the peoples of Member dissolution.
States themselves and among the peoples of territories 2. Marriage shall be entered into only with the free
under their jurisdiction. and full consent of the intending spouses.
Article I All human beings are born free and equal in 3. The family is the natural and fundamental group
dignity and rights. They are endowed with reason and unit of society and is entitled to protection by society and
conscience and should act towards one another in a the State.
spirit of brotherhood. Article 17 1. Everyone has the right to own
Article 2 Everyone is entitled to all the rights and property alone as well as in association with others.
freedoms set forth in this Declaration, without 2. No one shall be arbitrarily deprived of his
distinction of any kind, such as race, colour, sex, property.
language, religion, political or other opinion, national Article 18 Everyone has the right to freedom of
or social origin, property, birth or other status. thought, conscience and religion; this right includes
Furthermore, no distinction shall be made on the basis freedom to change his religion or belief, and freedom,
of the political, jurisdictional or international status of either alone or in community with others and in public or
the country or territory to which a person belongs, private, to manifest his religion or belief in teaching,
whether it be independent, trust, non-self-governing practice, worship and observance.
or under any other limitation of sovereignty. Article 19 Everyone has the right to freedom of
Article 3 Everyone has the right to life, liberty and opinion and expression; this right includes freedom to hold
security of person. opinions without interference and to seek, receive and
Article 4 No one shall be held in slavery or servitude; impart information and ideas through any media and
slavery and the slave trade shall be prohibited in all regardless of frontiers.
their forms. Article 20 1. Everyone has the right to freedom of
Article 5 No one shall be subjected to torture or to peaceful assembly and association.
cruel, inhuman or degrading treatment or punishment. 2. No one may be compelled to belong to an
Article 6 Everyone has the right to recognition association.
everywhere as a person before the law. Article 21 1. Everyone has the right to take part in
Article 7 All are equal before the law and are entitled the government of his country, directly or through freely
without any discrimination to equal protection of the chosen representatives.
law. All are entitled to equal protection against any 2. Everyone has the right to equal access to public
discrimination in violation of this Declaration and service in his country. 3. The will of the people shall be the
against any incitement to such discrimination. basis of the authority of government; this will shall be
Article 8 Everyone has the right to an effective expressed in periodic and genuine elections which shall be
remedy by the competent national tribunals for acts by universal and equal suffrage and shall be held by secret
violating the fundamental rights granted him by the vote or by equivalent free voting procedures.
constitution or by law. Article 22 Everyone, as a member of society, has
Article 9 No one shall be subjected to arbitrary arrest, the right to social security and is entitled to realization,
detention or exile. through national effort and international co-operation and
Article 10 Everyone is entitled in full equality to a fair in accordance with the organization and resources of each
and public hearing by an independent and impartial State, of the economic, social and cultural rights
tribunal, in the determination of his rights and indispensable for his dignity and the free development of
obligations and of any criminal charge against him. his personality.
Article 11 1. Everyone charged with a penal offence Article 23 1. Everyone has the right to
has the right to be presumed innocent until proved work, to free choice of employment, to just and

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 favourable conditions of work and to protection 5. The Convention against Torture and Other Cruel,
against unemployment. Inhuman or Degrading Treatment or Punishment
2. Everyone, without any discrimination, has the (CAT) (1987)
right to equal pay for equal work. 6. The Convention on the Rights of the Child (CRC)
3. Everyone who works has the right to just and (1990)
favourable remuneration ensuring for himself and 7. The International Convention on the Protection of
his family an existence worthy of human dignity, and the Rights of All Migrant Workers and Members of
supplemented, if necessary, by other means of their Families (ICRMW) (2003)
social protection. 8. The International Convention on the Rights of Persons
4. Everyone has the right to form and to join trade with Disabilities (2008)
unions for the protection of his interests. 9. The International Convention for the Protection of All
Article 24 Everyone has the right to rest and leisure, Persons from Enforced Disappearance (This treaty had not
including reasonable limitation of working hours and entered into force as of June 2008.)
periodic holidays with pay. International Development of Human Rights
Article 25 1. Everyone has the right to a standard of In the previous chapters, it is discussed that the modern
living adequate for the health and well-being of himself concept o human rights blossomed over the past three
and of his family, including food, clothing, housing and centuries. In the seventeenth and eighteenth centuries, the
medical care and necessary social services, and the concept of natural rights emerged Natural rights are not
right to security in the event of unemployment, subject to any political, legal, or religious system they are
sickness, disability, widowhood, old age or other lack inalienable rights that humans possess since birth (Cenga
of livelihood in circumstances beyond his control. 2019). It is best summarized in the preamble of The
2. Motherhood and childhood are entitled to special Declaration Independence (1776), which states that; all
care and assistance. All children, whether born in or men are created equal, t they are endowed by their Creator
out of wedlock, shall enjoy the same social protection. with certain inalienable rights, t among these are life,
Article 26 1. Everyone has the right to education. liberty, and the pursuit of happiness.
Education shall be free, at least in the elementary and United States Declaration of Independence
fundamental stages. Elementary education shall be The Declaration of Independence was the first formal
compulsory. Technical and professional education shall statement b a nation's people asserting their right to choose
be made generally available and higher education shall their own governments It is a document written by
be equally accessible to all on the basis of merit. Jefferson and was approved by the Continental Congress
2. Education shall be directed to the full development on uly 4.1776 and that announced the separation of 13
of the human personality and to the strengthening of North American British colonies from Great Britain. The
respect for human rights and fundamental freedoms. Founding Fathers introduced the six founding principles":
It shall promote understanding, tolerance and 1. The Rule of Law - This means the law applies equally
friendship among all nations, racial or religious groups, to all in society, whether they be in the government or the
and shall further the activities of the United Nations for masses. Although not explicitly expressed, the entire
the maintenance of peace. Declaration of Independence is about the idea of the rule
3. Parents have a prior right to choose the kind of of law (William. 2009, p.20). Wherein, the government and
education that shall be given to their children. citizens all abide by the same laws regardless of political
Article 27 1. Everyone has the right freely to power.
participate in the cultural life of the community, to 2. Equality-This is from the idea that all men are created
enjoy the arts and to share in scientific advancement equal. All individuals have the same status regarding their
and its benefits. claim as human beings to natural rights and treatment
2. Everyone has the right to the protection of the moral under the law..
and material interests resulting from any scientific, 3. Unalienable Rights- This means that the rights cannot
literary or artistic production of which he is the author. be taken away, they are born within each person and can
Article 28 Everyone is entitled to a social and never be taken away by the government.
international order in which the rights and freedoms 4. Social Compact- The idea that the People have come
set forth in this Declaration can be fully realized. together and created a government to protect their
Article 29 1. Everyone has duties to the community in unalienable rights. Hence, the power of government comes
which alone the free and full development of his from the people.. Moreover the government rests on the
personality is possible. consent of the People and only acts justly with that consent
2. In the exercise of his rights and freedoms, everyone (Quinn, 2021).
shall be subject only to such limitations as are 5. Limited Government-In order to keep the governing
determined by law solely for the purpose of securing power to its proper scope, the government must be limited
due recognition and respect for the rights and and provide recourse for citizens to be protected from
freedoms of others and of meeting the just arbitrary power. In other words, the power and authority of
requirements of morality, public order and the general the government should have a limit, to ensure that it
welfare in a democratic society. remains just and not prone to abuse (Quinn, 2021).
3. These rights and freedoms may in no case be 6. Reform and Revolution – It is the idea that if the
exercised contrary to the purposes and principles of government becomes unjust and violates our unalienable
the United Nations. rights, we have the right to reform or even abolish it
Article 30 Nothing in this Declaration may be (Quinn,2021)..
interpreted as implying for any State, group or person During the American and French Revolutions of the
any right to engage in any activity or to perform any eighteenth century, this concept of natural rights gained
act aimed at the destruction of any of the rights and footing. Both nations struggled to forge new forms of
freedoms set forth herein. governments that would best promote contemporaneous
THE CORE INTERNATIONAL HUMAN RIGHTS statements of rights; France, the Declaration, of the Rights
TREATIES of Man and of Citizen, and the United States Constitution,
1. The International Covenant on Civil and Political and the Bill of Rights which provide the foundation for the
Rights (ICCPR) (1976) modern concept of human rights (Cengage,2019).
2. The International Covenant on Economic, Social and France's Declaration of the Rights of Man
Cultural Rights (ICESCR) (1976) The Declaration of the Rights of Man and of the
3. The International Convention on the Elimination of Citizen, passed by France's National Constituent
All Forms of Racial Discrimination (ICERD) (1969) Assembly in August 1789, is a fundamental
4. The Convention on the Elimination of All Forms of document of the French Revolution that granted civil
Discrimination against Women (CEDAW) (1981) rights to its citizens. Its key drafts were prepared by

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 General Lafayette, who is a close friend of Thomas Freedom of Religion- the right to exercise one's
Jefferson. The concepts in the Declaration are own religion, or no religion, free from any
derived from the tenets of the Enlightenment, government influence or compulsion Amendment
including individualism, the social contract as 1).
theorized by Jean-Jacques Rousseau, and the Freedom of Speech, Press, Petition, and Assembly-
separation of powers espoused by Montesquieu. In Even unpopular expression is protected from government
addition, the spirit of secular natural law rests at the suppression or censorship Amendment 1).
foundations of the Declaration.87 Privacy- The right to be free of unwarranted and unwanted
Social Contract government intrusion into one's personal and private
The term comes from a 1762 book by Jean-Jacques affairs, papers, and possessions (Amendment 4).
Rousseau. It is a theory or model that originated Due Process of Law-The right to be treated fairly by the
during the Age of Enlightenment that deals with the government whenever the loss of liberty or property is at
questions of the origin of society, and the legitimacy stake (Amendment 5).
of the authority of the state over the individual.88 It Equality Before the Law- The right to be treated equally
claims that individuals have consented, either explicitly before the law, regardless of social status (Amendment 6).
or tacitly, to surrender some of their freedoms and After World War II, the concept of human rights as it
submit to the authority of the ruler or magistrate (or is now understood has emerged. Outraged by the horrors
to the decision of a majority) in exchange for of war and the Holocaust (UDHR, 1984), the United Nations
protection of their remaining rights. addressed issues such a torture, warfare against civilians,
Separation of Powers the treatment of prisoners of and the prosecution of war
A model for the governance of a state first developed criminals, initiating new rules for warfare that protected
in ancien Greece Under this model, the state is divided basic human rights (Cengage, 2019). In 1948, the member
into branches, each with separate and independent states of the United Nations drafted the United Nations
powers and areas of responsibility so tha the powers Universal Declaration of Human Rights.100 Since the
of one branch are not in conflict with the powers adoption of the declaration the UN, national governments,
associated with the other branches. The most common and independent organizations have worked tirelessly to
division of branches legislative, executive, and advance, promote, enforce and safeguard human rights
judiciary (Campbell, 2004, p.19-25) throughout the world. war
Natural Law UNITED NATIONS
Natural Law is a philosophy that claims that certain What is the United Nations?
rights or values are inherent by virtue of human nature The United Nations is an international organization founded
and can be universally understood through human in 1945 at the Yalta Conference as a replacement for the
reason. It is based on the idea that natural laws are League of Nations after World War II. It is founded to
universal concepts and are not based on any culture promote worldwide cooperation and to protect human
or customs rights. The UN and its work are guided by the purposes and
The basic principle of the Declaration of the Rights of principles contained in its founding Charter.
Man (178) was that, all "men are born and remain free United Nations Charter
and equal in rights" (Article 1), they are the rights of The Charter of the United Nations is the founding document
liberty, private property, the inviolability of the person, of the United Nations. It was signed on 26 June 1945, in
and resistance to oppression (Article 2). All citizens San Francisco, at the conclusion of the United Nations
have the right to participate in legislation directly or Conference on International Organization, and came into
indirectly and were equal before the law (Article 6); no force on 24 October 1945.^ 104 It is the constitution of the
one was to be arrested without a judicial ander (Article United Nation as an international organization and also a
7). Freedom of religion ( rticle 10) and freedom of constitution of the international community.10
speech (Article 11) were guaranteed and protected The United Nations 4 Main Purposes:
within the bounds of public "order" and "law." 1. To keep peace throughout the world;
United States Constitution, and Bill of Rights 2. To develop friendly relations among nations;
A bill of rights is a formal declaration of the 3. To help nations work together to improve the lives of
fundamental rights of individuals within a particular poor people, to conquer hunger, disease and illiteracy, and
territory. Its purpose is to protect those rights from to encourage respect for each other's rights and freedoms;
any arbitrary, unfair, or capriciously applied actions by and
the government. A constitution is a written set of rules 4. To be a center for harmonizing the actions of nations to
for a country, it says what the government must do for achieve these goals
the people and what the people must do for the The Organization and its Members shall act according to
government. this principles (Article 2):
In the summer of 1787, delegates from the 13 states 1. The sovereign equality of all its Members;
convened in Philadelphia and drafted a blueprint for 2. The fulfillment of the obligations of all members, to
self-government which is the Constitution of the United ensure the rights and benefits resulting from membership.
States. The first draft set up a system of checks and 3. The settlement of the international disputes by peaceful
balances that included a strong executive branch, a means in such a manner that international peace and
representative legislature and a federal judiciary. The security, and justice, are not endangered.
first draft of the US Constitution was remarkable, but 4. Avoiding threat or use of force against the territorial
deeply flawed. Since, it did not include a specific integrity or political independence of any state when
declaration of individual rights. It only specified what conducting international relations;
the government could do but did not say what it could 5.All Members shall give the United Nations full support and
not do. cooperation in all its endeavors.
Thus, the American Bill of Rights, inspired by 6. The maintenance of international peace and security by
Thomas Jefferson and drafted by James Madison", was extending its principle to non-members of the UN.
adopted, and in 1791 the Constitution's first ten 7. Non-intervention of the UN in matters which are
amendments became the law of the land. It is a list of essentially within the domestic jurisdiction of any state.
specific prohibitions on governmental power, in The organization's membership is open to all other
response to calls from several states for greater peace-loving states which accept the obligations
constitutional protection for individual liberties.99 contained in the present Charter and, in the judgment
The entire Bill of Rights was created to protect rights of the Organization, are able and willing to carry out
the original citizens believed were naturally theirs, these obligations. The admission of any such state to
which includes (ACL , 2021): membership in the United Nations will be affected by
a decision of the General Assembly upon the

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 recommendation of the Security Council (Article 4). Furthermore, each member of the Trusteeship Council
The UN security council has the power to enforce shall be one vote, and decisions of the Trusteeship
preventive or enforcement action to any member, that Council shall be made by majority of the members
may lead to the suspension of the rights and privileges
present and voting (Article 89)
of membership, and may escalate to the expulsion
from the Organization if a Member of the United
Nations has persistently violated the Principles UN International Court of Justice
contained in the Charter. Likewise, the Security
Council has the power to restore these rights and The International Court of Justice, commonly known as
privileges. (Articles 5, and 6). the Wo Court (Fomerand, J., Lynch, C.M., and Mingst, K.,
6 Principal Organs of the United Nations: 2020), is the principle judicial organ of the United Nations.
1 General Assembly.
Its function is in accordance w the annexed Statute, which
2. Security Council,
3 Economic and Social Council, is based upon the Statute of the Permanent Court of
4.Trusteeship Council, International Justice (UN Charter, Chapter XIV, Article 92)
5. International Court of Justice, and Members of the United Nations are ipso facto parties to
6. Secretariat the Statute of International Court of Justice (Article 93).
UN General Assembly
The General Assembly is the main deliberative organ of The Court's role is to settle, in accordance with
the Unite Nations. It is composed of representatives
international legal disputes submitted to it by States and
from all Member State each of which has one vote. It
meets in regular annual sessions and in such special to give advisory opinions legal questions referred to it by
sessions as occasion may require. authorized United Nations organs an specialized agencies.
Special sessions shall be convoked by the Secretary- The Court decides disputes between countries based on
General at the request of the Security Council or of a the voluntary participation of the States concerned. If a
majority of the Members of the United Nations. Stat agrees to participate in a proceeding, it is obligated
(Article 20) It opts its own rules of procedure and elects
to comply with the court decision.
its President for each session Article 21).
UN Security Council
The Security Council consists of fifteen Members of the The International Court of Justice is composed of 15
Unit Nations and each member has one representative judges elected to nine-year terms of office by the United
(UN Charter, Char V. Article 23.3) The permanent Nations General Assembly and the Security Council. The
members are The Republic of China France, the Union Court may not include more than one national of the same
of Soviet Socialist Republics, the United Kingdom Great State. In order to be elected, a candidate must receive an
Britain and Northern Ireland, and the United States of
absolute majority of the votes in both bodies. Judges are
America The General Assembly elects ten other
Members of the United Nations be non-permanent eligible for re election. Should a judge die or resign during
members of the Security Council, with due regard the his or her term of office, a special election is held as soon
contribution of Members of the United Nations to the as possible to choose a judge to fill the unexpired part of
maintenance of international peace and security and to the term.
the other purposes of t Organization, and also to UN Secretariat
equitable geographical distribution. (Arti 23.1).
UN Economic and Social Council
The Secretariat is composed of a Secretary-General and
The Economic and Social Council consists of fifty-four
Members of the United Nations elected by the General his/her staff as the Organization may require. The
Assembly. Each member of the Economic and Social Secretary-General is appointed by the General Assembly
Council shall have one representative (UN Charter, upon the recommendation of the Security Council. He/she
Chapter X, Article 61). is the chief administrative officer of the Organization (UN
UN Trusteeship Council Charter, Chapter XV, Article 97).
The Trusteeship Council shall consist of the following
Members the United Nations (UN Charter, Chapter XIII,
Article 86): The Secretary-General acts in that capacity in all meetings
1. Those Members administering trust territories; of the General Assembly, of the Security Council, of the
2. Such Members are mentioned by name in Article 23 Economic and Social Council, and of the Trusteeship
of the UN Charter, and are not administering trust Council, and shall perform such other functions as are
territories. entrusted to him by these organs.
The basic objectives of the trusteeship system are
(UN C Chapter XII, Article 76): The Secretary-General shall make an annual report to
the General Assembly on the work of the Organization
1. To further international peace and security; (Article 98). In addition to this, the Secretary-General
2. To promote the political, economic, social, and education may bring to the attention of the Security Council any
advancement of the inhabitants of the trust territories,
matter which in his opinion may threaten the
as their progressive development towards self-
maintenance of international peace and security (Article
government independence;
99).
3. To encourage respect for human rights and for
fundamental freedoms for all without distinction as to
race, sex, language, or religion, and to encourage UNIVERSAL DECLARATION OF HUMAN RIGHTS
recognition of the interdependence of the peoples of the (UDHR)
world; and
4. To ensure equal treatment in social, economic, and What is the Universal Declaration of Human
commercial matters for all Members of the United Rights
Nations and their nationals, and also equal treatment for
the latter in the administration of justice, without The Universal Declaration of Human Rights, which
prejudice to the attainment of the foregoing objectives was adopted by the UN General Assembly on 10
December 1948, was the result of the horrifying

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 experience of the Second World War. It is a = It is a constitutional concept of the rights and duties
document that acts as a global road map for of the governments, and the citizens or subjects of
freedom and equality, protecting the rights of every particular states.
= Moreover, it is also an international idea of multiple
individual, everywhere. According to Amnesty
states in relation to each other, each with their own
International was the fire of time countries agreed geographical territories and having foreign relations
on the freedoms and that rights deserve universal and dealing with one another; including either
protection in order for every individual be their lives cooperative and amicable relations or discordant
freely, equality, and in dignity. relation and war (Jackson, 2007, p.9).
Peace of Westphalia in 1648
The concept of sovereignty originated at Peace of
THE HUMAN RIGHTS-BASED APPROACHED Westphalia. It concluded in 1648 in Münster (Germany),
DEFINITION which marks the end of the Thirty Years’ War, that started
A human rights-based approach is a conceptual with an anti-Habsburg revolt in Bohemia in 1618 but
framework for the process of human development that became an entanglement of different conflicts concerning
is normatively based on international human rights the constitution of the Holy Roman Empire, religion, and
standards and operationally directed to promoting and the states system of Europe.
protecting human rights. The treaty recognized the full territorial sovereignty of the
It seeks to analyse inequalities which lie at the heart member states of the then Habsburg Empire. It gave the
of development problems and redress discriminatory Swiss independence of Austria and the Netherlands
practices and unjust distributions of power that impede independence of Spain, while the German principalities
development progress. secured their autonomy (Cavendish, 1998). For the first
THE MILLENIUM DEVELOPMENT GOALS time, states emerged as virtually the sole form of
• End Poverty and Hunger constitutional authority in Europe, their authority no longer
• Universal Education seriously challenged by the Holy Roman Empire. In addition
• Gender Equality to this, the temporal powers of the Church were also
• Child Health diminished to the point that they no longer challenged any
• Maternal Health state's sovereignty (Philpott, 2003).
• Combat HIV/AIDS What is State Sovereignty?
• Environmental Sustainability = is the capability of a nation-state to enact laws
• Global Partnership for its citizens without interference from other states or
STATE SOVEREIGNTY other external organizations.it entitles states to non-
What is a State? intervention in their domestic a Hairs^ i0 The traditional
= are a political organization of society (body politic) concept of sovereignty has two aspects; internal and
or, more commonly known as the institutions of external.
government. Internal Sovereignty = means that the state has the
= states are se as being like individuals; equal, supreme authority within their borders. Hence there are no
autonomous, and possess a right to self- higher authorities and no entities with the authority to take
determination, it is a form of human association that coercive action inside the territorial limit of the state (Mills,
aims to establish and promote order and security, by 1998, p11).
means of enacting and enforcement the laws within its Internally, the sovereign is the supreme authority
geographical boundaries. It consists of the agreement in the country, there can only be one sovereign in the
of the individuals on the means where disputes are country, even if its authority is divided constitutionally
settled in accordance with the laws. between two or more levels of government; for example is
a federal state (Jackson, 2007, p.11).
1933 Montevideo Convention
The Montevideo Convention on the Rights and Duties External Sovereignty = implies the states' freedom from
of States is a treaty signed at Montevideo, Uruguay, interference in the jurisdiction (legislative, judicial, and
on December 26, 1933, during the Seventh administrative competence) within their territory, and the
International Conference of American States. The formal equality of states in their dealings with each other
Convention codifies the declarative theory of (Rosas, 1995, p.6 3 ) Externally, a sovereign is but one
statehood as accepted as part of customary among many such authorities representing each of their
international law, In other words; the treaty discusses own countries around the world. Outside their borders, the
the definition and rights of statehood under sovereign is never in the position of superiority from other
international law. states, because if one state is superior to another state, it
According to the treaty, there are four qualifications a will undermine the sovereignty of the latter and will become
state should poses (Montevideo Convention on the a colony or province of the former. Thus, each state is in
Rights and Duties of States [MCRD], 1933): the position of independence from one another (Jackson,
1.a permanent population; 2007, pp.11-12) and they are all equal to one another
2.a defined territory; In the U.N. Resolution 2625 (XXV) (1970), the
principle of sovereign equality of States has been
3.government; and
defined and has the following elements:
4.capacity to enter into relations with the other states
1. States are juridically equal;
What is Sovereignty? 2. Each state enjoys the rights inherent in full
= is a political concept that refers to dominant power sovereignty;
or supreme authority. 3. Each state has the duty to respect the personality
= derived from the Latin word "superanus" through of other States;
the French "souveraineté", the term means 4. The territorial integrity and political independence
supreme power. of the State are inviolable;
= It is the ultimate overseer in the decision-making 5. Each state has the right freely to choose and
process of the state and in the maintenance of order. develop its political, social, economic and cultural
= It is an idea of authority embodied in those bordered
systems;
territorial organizations or states and expressed in
6. Each state has the duty to comply fully and in good
their various relations and activities, both domestic and
foreign. faith with its international obligations and to live in
peace with other States

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 However, modern states do not only claim rights available and accessible secondary and higher
against their own members but also against education, progressively made free of charge; and
outsiders and rights to independent control over a the liberty of parents to choose schools for their
specific territory. These claimed rights take four children;
principal forms (Stilz, 2019, p.1): 7 Cultural rights - this includes the right to
1. Right to territorial jurisdiction - the right to participate in cultural life and to share in and benefit
issue legal directives and to coercively regulate the from scientific advancement, and protection of
activities of the people situated within its borders. authors' moral and material interests from scientific,
2. Right to non-intervention - the exclusive rights literary or artistic production.
to govern an area and its population free from the The Three Obligations of State
interference or efforts at "regime change" on the part The treaties that sprouted from the Universal Declaration of
of foreign states, individuals, or groups. Shaman Rights (UDHR) set forth the obligations of
3. Right to control borders- the regulation of the governments toward human rights. Human Rights, imposes
movement of people and goods across their territories. three types of obligations on hates parties: the obligation
4. Rights to resources - the utilization and regulation to respect, the obligation to protect and the obligation to
of extraction of minerals, oil, and other natural fulfil.
resources in their territories. Obligation to Respect Human Rights
Principles of Progressive Realization The obligation to respect, requires that the government
The concept of "progressive realization" entails a refrain from Interfering directly or indirectly with the
central role of government and their obligations to enjoyment of Human Rights." It Includes, refraining from
recognize and protect economic, dial, and cultural engaging in any practice or activity that denies or limits
rights under international treaties. This means at equal access to adequate social security. Moreover, it also
governments have an obligation to take appropriate prohibits actions of states that arbitrarily or unreasonably
actions to the maximum of their available resources to interfere with self-help, customary or traditional
make sure of the full realization The right to social arrangements or with institution that have been established
security of all its subjects. by individuals or corporate bodies to prom Human Rights
Government obligations in terms of these rights does (Committee on Economic, Social, and Cultural R (CESCR],
not end w a certain level of economic development is 2008).
reached; but rather it should ensure that there will be Obligation to Protect Human Rights
a continual progress on the status of these right and The obligation to protect, requires that the government pre
therefore states should take deliberate steps third parties from interfering in any way with the enjoyment
immediately and the future towards the full realization of Hu Rights. Third parties refers to any individuals, groups,
of economic, social, and cultural nights. The reference corporations other entities, as well as agents acting under
to "resource availability" implies a recognition that the their authority. It req States to protect individuals and
realization of these rights can be hindered by a lack of groups against Human Rights abuses.
resources and can be achieved only over a period of The obligation includes, adopting the necessary and
time. Consequently, it means that a State's compliance effective legislative and other measures to restrain third
with its obligation to take appropriate measures parties from der equal access to social security schemes
assessed in the light of the resources available to it operated by them or by on and imposing unreasonable
(OCHR, 2000). eligibility conditions; arbitrarily unreasonably interfering
What are economic, social and cultural rights? with self-help or customary or tradition arrangements for
Economic, social and cultural rights are those human social security that are consistent with the rig social
rights pertaining to the workplace, social security, security; and failing to pay legally required contribution
family life, participation in cultural life, and access to employees or other beneficiaries into the social security
housing, food, water, health care and education. system (CE 2008, p13).
Although there are different expressions of economic, Obligation to Fulfill Human Rights
social and cultural rights from country to country or It requires the State to adopt legislative, administrative,
from one instrument to another, here is a basic list budge judicial, and other appropriate measures towards the
provided by the Office of the United Nations High full realize of Human Rights. The obligation to fulfil can be
Commissioner for Human Rights (OCHR): subdivided int obligations to facilitate, promote and provide
1. Workers' rights - this includes freedom from (CESCR, 2008, p14).
forced labour, the rights to decide freely to accept or A. Obligation to Facilitate
choose work, to fair wages and equal pay for equal Obligation to Facilitate requires the government to take po
work, to leisure and reasonable limitation of working measures to assist individuals and communities to enjoy
hours, to safe and healthy working conditions, to join their Hu Rights. This includes the adoption of a national
and form trade unions, and to strike; social security str and plan of action to realize this right. It
2. The right to social security and social also includes the govern ensuring that the social security
protection - this includes the right not to be denied system will be adequate, accessible everyone, and will
social security coverage arbitrarily or unreasonably, cover social risks and contingencies (CESCR,2008,14). In
and the right to equal enjoyment of adequate addition, it also entails that the government must adopt all
protection in the event of unemployment, sickness, old the legislative, administrative, and other types of measures
age or other lack of livelihood in circumstances beyond that enable right holders to exercise their rights (Franco,
one's control; and Houlmann, 2017).
3. Protection of and assistance to the family - B. Obligation to Provide
this includes the rights to marriage by free consent, to Obligation to promote requires the government to take
maternity and paternity protection, and to protection steps to ensure that there is appropriate and sufficient
of children from economic and social exploitation; education and public awareness concerning access to
4. The right to an adequate standard of living - Human Rights schemes, specifically in rural and deprived
this includes the rights to food and to be free from urban areas, or amongst linguistic and other minorities
hunger, to adequate housing, to water and to clothing; (CESCR, 2008, p14). Government must adopt measures to
5 The right to health - this includes the right to inform rights holders that they hold rights and are able to
access to health facilities, goods and services, to claim them (Franco, and Houlmann, 2017).
healthy occupational and environmental conditions, C. Obligation to Provide
and protection against epidemic diseases, and rights Obligation to provide requires the Government to
relevant to sexual and reproductive health: provide its subjects with goods and services in order
6. The right to education - this includes the rights to enable them to enjoy their rights, whenever they
to free and compulsory primary education and to are not able to access on their own the means that

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 would enable them to guarantee their rights (if they have been forced to leave their home and live
(Franco, and Houlmann, 2017). It obliges the in another country), as well as all the rights in this
government to provide the right to social security Convention.
when individuals or a group are unable, on grounds Article 32 (Child labour): The government should
reasonably considered to be beyond their control, to protect children from work that is dangerous or might harm
realize that right themselves. The government will their health or their education. While the Convention
need to establish non-contributory schemes or other protects children from harmful and exploitative work, there
social assistance measures to provide support to is nothing in it that prohibits parents from expecting their
those individuals and groups who are unable to children to help out at home in ways that are safe and
make sufficient contributions for their own appropriate to their age. If children help out in a family farm
protection (CESCR, 2008,p14) . or business, the tasks they do be safe and suited to their
CATEGORIES OF CHILDREN’S RIGHTS AND level of development and comply with national labour laws.
WHAT COMPOSES EACH CATEGORY Children's work should not jeopardize any of their other
PROTECTION RIGHTS: rights, including the right to education, or the right to
KEEPING SAFE FROM HARM relaxation and play.
Article 4 (Protection of rights): Governments have a Article 33 (Drug abuse): Governments should use all
responsibility to take all available measures to make means possible to protect children from the use of harmful
sure children’s rights are respected, protected and drugs and from being used in the drug trade. Article 34
fulfilled. When countries ratify the Convention, they (Sexual exploitation): Governments should protect children
agree to review their laws relating to children. from all forms of sexual exploitation and abuse. This
This involves assessing their social services, provision in the Convention is augmented by the Optional
legal, health and educational systems, as well as levels Protocol on the sale of children, child prostitution and child
of funding for these services. Governments are then pornography. (See Optional Protocol pages.)
obliged to take all necessary steps to ensure that the Article 35 (Abduction, sale and trafficking): The
minimum standards set by the Convention in these government should take all measures possible to make sure
areas are being met. They must help families protect that children are not abducted, sold or trafficked. This
children’s rights and create an environment where they provision in the Convention is augmented by the Optional
can grow and reach their potential. In some instances, Protocol on the sale of children, child prostitution and child
this may involve changing existing laws or creating pornography.
new ones. Article 36 (Other forms of exploitation): Children
Such legislative changes are not imposed, but should be protected from any activity that takes advantage
come about through the same process by which any of them or could harm their welfare and development.
law is created or reformed within a country. Article 37 (Detention and punishment): No one is
Article 41 of the Convention points out the when a allowed to punish children in a cruel or harmful way.
country already has higher legal standards than those Children who break the law should not be treated cruelly.
seen in the Convention, the higher standards always They should not be put in prison with adults, should be able
prevail. to keep in contact with their families, and should not be
Article 11 (Kidnapping): Governments should take sentenced to death or life imprisonment without possibility
steps to stop children being taken out of their own of release.
country illegally. This article is particularly concerned Article 38 (War and armed conflicts): Governments
with parental abductions. The Convention’s Optional must do everything they can to protect and care for children
Protocol on the sale of children, child prostitution and affected by war. Children under 15 should not be forced or
child pornography has a provision that concerns recruited to take part in a war or join the armed forces. The
abduction for financial gain. Convention’s Optional Protocol on the involvement of
Article 19 (Protection from all forms of children in armed conflict further develops this right, raising
violence): Children have the right to be protected the age for direct participation in armed conflict to 18 and
from being hurt and mistreated, physically or mentally. establishing a ban on compulsory recruitment for children
Governments should ensure that children are properly under 18.
cared for and protect them from violence, abuse and Article 39 (Rehabilitation of child victims): Children
neglect by their parents, or anyone else who looks who have been neglected, abused or exploited should
after them. In terms of discipline, the Convention does receive special help to physically and psychologically
not specify what forms of punishment parents should recover and reintegrate into society. Particular attention
use. should be paid to restoring the health, self-respect and
However any form of discipline involving dignity of the child.
violence is unacceptable. There are ways to discipline Article 40 (Juvenile justice): Children who are accused
children that are effective in helping children learn of breaking the law have the right to legal help and fair
about family and social expectations for their behavior treatment in a justice system that respects their rights.
– ones that are non-violent, are appropriate to the Governments are required to set a minimum age below
child's level of development and take the best interests which children cannot be held criminally responsible and to
of the child into consideration. In most countries, laws provide minimum guarantees for the fairness and quick
already define what sorts of punishments are resolution of judicial or alternative proceedings.
considered excessive or abusive. It is up to each Article 41 (Respect for superior national standards):
government to review these laws in light of the If the laws of a country provide better protection of
Convention. children’s rights than the articles in this Convention, those
Article 20 (Children deprived of family laws should apply.
environment): Children who cannot be looked after SURVIVAL AND DEVELOPMENT RIGHTS: THE BASIC
by their own family have a right to special care and RIGHTS TO LIFE, SURVIVAL AND DEVELOPMENT OF
must be looked after properly, by people who respect ONE’S FULL POTENTIAL
their ethnic group, religion, culture and language. Article 4 (Protection of rights): Governments have a
Article 21 (Adoption): Children have the right to responsibility to take all available measures to make sure
care and protection if they are adopted or in foster children’s rights are respected, protected and fulfilled.
care. The first concern must be what is best for them. When countries ratify the Convention, they agree to review
The same rules should apply whether they are adopted their laws relating to children. This involves assessing their
in the country where they were born, or if they are social services, legal, health and educational systems, as
taken to live in another country. well as levels of funding for these services.
Article 22 (Refugee children): Children have the Governments are then obliged to take all necessary
right to special protection and help if they are refugees steps to ensure that the minimum standards set by

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 the Convention in these areas are being met. They on governments to provide support services to
must help families protect children’s rights and parents, especially if both parents work outside the
create an environment where they can grow and home.
reach their potential. In some instances, this may Article 20 (Children deprived of family
involve changing existing laws or creating new ones. environment): Children who cannot be looked
Such legislative changes are not imposed, but come after by their own family have a right to special care
about through the same process by which any law is and must be looked after properly, by people who
created or reformed within a country. Article 41 of the respect their ethnic group, religion, culture and
Convention points out the when a country already has language.
higher legal standards than those seen in the Article 22 (Refugee children): Children have the right
Convention, the higher standards always prevail. (See to special protection and help if they are refugees (if they
Optional Protocol pages.) have been forced to leave their home and live in another
Article 5 (Parental guidance): Governments should country), as well as all the rights in the Convention.
respect the rights and responsibilities of families to Article 23 (Children with disabilities): Children who
direct and guide their children so that, as they grow, have any kind of disability have the right to special care and
they learn to use their rights properly. Helping children support, as well as all the rights in the Convention, so that
to understand their rights does not mean pushing they can live full and independent lives.
them to make choices with consequences that they are Article 24 (Health and health services): Children have
too young to handle. Article 5 encourages parents to the right to good quality health care – the best health care
deal with rights issues "in a manner consistent with the possible – to safe drinking water, nutritious food, a clean
evolving capacities of the child". The Convention does and safe environment, and information to help them stay
not take responsibility for children away from their healthy. Rich countries should help poorer countries
parents and give more authority to governments. It achieve this.
does place on governments the responsibility to Article 25 (Review of treatment in care): Children who
protect and assist families in fulfilling their essential are looked after by their local authorities, rather than their
role as nurturers of children. parents, have the right to have these living arrangements
Article 6 (Survival and development): Children looked at regularly to see if they are the most appropriate.
have the right to live. Governments should ensure that Their care and treatment should always be based on “the
children survive and develop healthily. best interests of the child”.
Article 7 (Registration, name, nationality, care): Article 26 (Social security): Children – either through
All children have the right to a legally registered name, their guardians or directly – have the right to help from the
officially recognized by the government. Children have government if they are poor or in need.
the right to a nationality (to belong to a country). Article 27 (Adequate standard of living): Children
Children also have the right to know and, as far as have the right to a standard of living that is good enough
possible, to be cared for by their parents. to meet their physical and mental needs. Governments
Article 8 (Preservation of identity): Children have should help families and guardians who cannot afford to
the right to an identity – an official record of who they provide this, particularly with regard to food, clothing and
are. Governments should respect children’s right to a housing.
name, a nationality and family ties. Article 28: (Right to education): All children have the
Article 9 (Separation from parents): Children right to a primary education, which should be free. Wealthy
have the right to live with their parent(s), unless it is countries should help poorer countries achieve this right.
bad for them. Children whose parents do not live Discipline in schools should respect children’s dignity. For
together have the right to stay in contact with both children to benefit from education, schools must be run in
parents, unless this might hurt the child. an orderly way – without the use of violence.
Article 10 (Family reunification): Families whose Any form of school discipline should take into
members live in different countries should be allowed account the child's human dignity. Therefore, governments
to move between those countries so that parents and must ensure that school administrators review their
children can stay in contact, or get back together as a discipline policies and eliminate any discipline practices
family. involving physical or mental violence, abuse or neglect. The
Article 14 (Freedom of thought, conscience and Convention places a high value on education. Young people
religion): Children have the right to think and believe should be encouraged to reach the highest level of
what they want and to practice their religion, as long education of which they are capable.
as they are not stopping other people from enjoying Article 29 (Goals of education): Children’s education
their rights. Parents should help guide their children in should develop each child’s personality, talents and abilities
these matters. to the fullest. It should encourage children to respect
The Convention respects the rights and duties of others, human rights and their own and other cultures. It
parents in providing religious and moral guidance to should also help them learn to live peacefully, protect the
their children. Religious groups around the world have environment and respect other people.
expressed support for the Convention, which indicates Children have a particular responsibility to respect the rights
that it in no way prevents parents from bringing their their parents, and education should aim to develop respect
children up within a religious tradition. for the values and culture of their parents. The Convention
At the same time, the Convention recognizes that as does not address such issues as school uniforms, dress
children mature and are able to form their own views, codes, the singing of the national anthem or prayer in
some may question certain religious practices or schools. It is up to governments and school officials in each
cultural traditions. The Convention supports children's country to determine whether, in the context of their
right to examine their beliefs, but it also states that society and existing laws, such matters infringe upon other
their right to express their beliefs implies respect for rights protected by the Convention.
the rights and freedoms of others. Article 30 (Children of minorities/indigenous
Article 18 (Parental responsibilities; state groups): Minority or indigenous children have the right to
assistance): Both parents share responsibility for learn about and practice their own culture, language and
bringing up their children, and should always religion. The right to practice one’s own culture, language
consider what is best for each child. Governments and religion applies to everyone; the Convention here
must respect the responsibility of parents for highlights this right in instances where the practices are not
providing appropriate guidance to their children – shared by the majority of people in the country.
the Convention does not take responsibility for Article 31 (Leisure, play and culture): Children have
children away from their parents and give more the right to relax and play, and to join in a wide range of
authority to governments. It places a responsibility cultural, artistic and other recreational activities.

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Article 42 (Knowledge of rights): Governments should particularly be encouraged to supply information
should make the Convention known to adults and in languages that minority and indigenous children can
children. Adults should help children learn about their understand. Children should also have access to
rights, too. (See Protection rights, article 4.) children’s books.
PARTICIPATION RIGHTS: HAVING AN ACTIVE GUIDING PRINCIPLES OF THE CRC FEATURES
VOICE OF THE CRC
Article 4 (Protection of rights): Governments have a (1) The first UNIVERSAL LEGALLY BINDING code of child
responsibility to take all available measures to make sure rights in history
children’s rights are respected, protected and fulfilled. (2) MOST RATIFIED UN treaty/convention
When countries ratify the Convention, they agree to (3) UNPRECEDENTED RAPIDITY in signing and entry into
review their laws relating to children. This involves force
assessing their social services, legal, health and (4) MOST COMPREHENSIVE International human rights
educational systems, as well as levels of funding for instrument
these services. (5) INTERDEPENDENCE & INDIVISIBILITY of children’s
Governments are then obliged to take all rights
necessary steps to ensure that the minimum standards (6) Lays down common standards but flexible in
set by the Convention in these areas are being met. They implementation
must help families protect children’s rights and create an (7) CULTURE SENSITIVE
environment where they can grow and reach their (8) Incorporates
potential. In some instances, this may involve changing RA 7610: WHO IS A CHILD
existing laws or creating new ones. (a) "Children" refers to person below eighteen
Such legislative changes are not imposed, but (18) years of age or those over but are unable
come about through the same process by which any law to fully take care of themselves or protect
is created or reformed within a country. Article 41 of the themselves from abuse, neglect, cruelty,
Convention points out the when a country already has exploitation or discrimination because of a
higher legal standards than those seen in the
physical or mental disability or condition;
Convention, the higher standards always prevail. (See
Optional Protocol pages.) WHAT IS CHILD ABUSE?
Article 12 (Respect for the views of the child): "Child abuse" refers to the maltreatment,
When adults are making decisions that affect children, whether habitual or not, of the child which includes any of
children have the right to say what they think should the following:
happen and have their opinions taken into account. (1) Psychological and physical abuse, neglect, cruelty,
Article 13 (Freedom of expression): Children have sexual abuse and emotional maltreatment;
the right to get and share information, as long as the (2) Any act by deeds or words which debases, degrades
information is not damaging to them or others. In or demeans the intrinsic worth and dignity of a child as a
exercising the right to freedom of expression, children human being;
have the responsibility to also respect the rights, (3) Unreasonable deprivation of his basic needs for
freedoms and reputations of others. The freedom of survival, such as food and shelter; or
expression includes the right to share information in any (4) Failure to immediately give medical treatment to an
way they choose, including by talking, drawing or injured child resulting in serious impairment of his growth
writing. and development or in his permanent incapacity or death.
Article 14 (Freedom of thought, conscience and WHO CAN FILE?
religion): Children have the right to think and believe Section 27. Who May File a Complaint. – Complaints on
what they want and to practice their religion, as long as cases of unlawful acts committed against the children as
they are not stopping other people from enjoying their enumerated herein may be filed by the following:
rights. Parents should help guide their children in these (a) Offended party;
matters. The Convention respects the rights and duties (b) Parents or guardians;
of parents in providing religious and moral guidance to (c) Ascendant or collateral relative within the third degree
their children. of consanguinity;
Religious groups around the world have (d) Officer, social worker or representative of a licensed
expressed support for the Convention, which indicates child-caring institution;
that it in no way prevents parents from bringing their (e) Officer or social worker of the Department of Social
children up within a religious tradition. At the same time, Welfare and Development;
the Convention recognizes that as children mature and (f) Barangay chairman; or
are able to form their own views, some may question (g) At least three (3) concerned responsible citizens where
certain religious practices or cultural traditions. the violation occurred.
The Convention supports children's right to WHAT IS ATTEMPT TO COMMIT CHILD
examine their beliefs, but it also states that their right to PROSTITUTION?
express their beliefs implies respect for the rights and Attempt To Commit Child Prostitution. – There is an
freedoms of others. attempt to commit child prostitution under Section 5,
Article 15 (Freedom of association): Children have paragraph
the right to meet together and to join groups and (a) hereof when any person who, not
organizations, as long as it does not stop other people being a relative of a child, is found alone with the
from enjoying their rights. In exercising their rights, said child inside the room or cubicle of a house, an
children have the responsibility to respect the rights, inn, hotel, motel, pension house, apartelle or other
freedoms and reputations of others. similar establishments, vessel, vehicle or any other
Article 16 (Right to privacy): Children have a right hidden or secluded area under circumstances
to privacy. The law should protect them from attacks which would lead a reasonable person to believe
against their way of life, their good name, their families that the child is about to be exploited in
and their homes. prostitution and other sexual abuse. There is also
Article 17 (Access to information; mass media): an attempt to commit child prostitution, under
Children have the right to get information that is paragraph
important to their health and well-being. Governments (b) of Section 5 hereof when any person is receiving
should encourage mass media – radio, television, services from a child in a sauna parlor or bath,
newspapers and Internet content sources – to provide massage clinic, health club and other similar
information that children can understand and to not establishments. A penalty lower by two (2) degrees
promote materials that could harm children. Mass media

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than that prescribed for the consummated felony (2) Act as conduit or middlemen in drug trafficking
under Section 5 hereof shall be imposed upon the or pushing; or
principals of the attempt to commit the crime of child (3) Conduct any illegal activities, shall suffer the
prostitution under this Act, or, in the proper case, penalty of prision correccional in its medium period to
under the Revised Penal Code. reclusion perpetua.
WHAT IS ATTEMPT TO COMMIT CHILD For purposes of this Act, the penalty for the
TRAFFICKING? commission of acts punishable under Articles 248, 249, 262,
Section 8. Attempt to Commit Child Trafficking. – paragraph 2, and 263, paragraph 1 of Act No. 3815, as
There is an attempt to commit child trafficking under amended, the Revised Penal Code, for the crimes of
Section 7 of this Act: murder, homicide, other intentional mutilation, and serious
(a) When a child travels alone to a foreign country physical injuries, respectively, shall be reclusion perpetua
without valid reason therefor and without clearance when the victim is under twelve (12) years of age.
issued by the Department of Social Welfare and The penalty for the commission of acts punishable
Development or written permit or justification from the under Article 337, 339, 340 and 341 of Act No. 3815, as
child's parents or legal guardian; amended, the Revised Penal Code, for the crimes of
(c) When a person, agency, establishment or child- qualified seduction, acts of lasciviousness with the consent
caring institution recruits women or couples to bear of the offended party, corruption of minors, and white slave
children for the purpose of child trafficking; or trade, respectively, shall be one (1) degree higher than that
(d) When a doctor, hospital or clinic official or employee, imposed by law when the victim is under twelve (12) years
nurse, midwife, local civil registrar or any other person age. The victim of the acts committed under this section
simulates birth for the purpose of child trafficking; or shall be entrusted to the care of the Department of Social
(e) When a person engages in the act of finding children Welfare and Development.
among low-income families, hospitals, clinics, nurseries, WHAT ACTS ARE CONSIDERED CHILD
day-care centers, or other child-during institutions who PORNOGRAPHY IN THE ANTI-CHILD
can be offered for the purpose of child trafficking. A PORNOGRAPHY ACT?
penalty lower two (2) degrees than that prescribed for "Child pornography" refers to any representation,
the consummated felony under Section 7 hereof shall be whether visual, audio, or written combination thereof, by
imposed upon the principals of the attempt to commit electronic, mechanical, digital, optical, magnetic or any
child trafficking under this Act. other means, of child engaged or involved in real or
WHAT ARE OTHER ACTS OF NEGLECT, ABUSE, simulated explicit sexual activities.
CRUELTY OR EXPLOITATION? WHAT CONSTITUTES ANTI-TRAFFICKING IN RA
Section 10. Other Acts of Neglect, Abuse, Cruelty 9208?
or Exploitation and Other Conditions Prejudicial = “refers to the recruitment, transportation,
to the Child's Development. – transfer or harboring, or receipt of persons with or without
(a) Any person who shall commit any other acts of child the victim's consent or knowledge, within or across national
abuse, cruelty or exploitation or to be responsible for borders by means of threat or use of force, or other forms
other conditions prejudicial to the child's development of coercion, abduction, fraud, deception, abuse of power or
including those covered by Article 59 of Presidential of position, taking advantage of the vulnerability of the
Decree No. 603, as amended, but not covered by the person, or, the giving or receiving of payments or benefits
Revised Penal Code, as amended, shall suffer the to achieve the consent of a person having control over
penalty of prision mayor in its minimum period. another person for the purpose of exploitation which
(b) Any person who shall keep or have in his company a includes at a minimum, the exploitation or the prostitution
minor, twelve (12) years or under or who in ten (10) of others or other forms of sexual exploitation, forced labor
years or more his junior in any public or private place, or services, slavery, servitude or the removal or sale of
hotel, motel, beer joint, discotheque, cabaret, pension organs.
house, sauna or massage parlor, beach and/or other The recruitment, transportation, transfer,
tourist resort or similar places shall suffer the penalty of harboring or receipt of a child for the purpose of
prision mayor in its maximum period and a fine of not exploitation shall also be considered as "trafficking in
less than Fifty thousand pesos (P50,000): Provided, That persons" even if it does not involve any of the means set
this provision shall not apply to any person who is forth in the preceding paragraph.”
related within the fourth degree of consanguinity or Section 4. Acts of Trafficking in Persons. - It shall be
affinity or any bond recognized by law, local custom and unlawful for any person, natural or juridical, to commit any
tradition or acts in the performance of a social, moral or of the following acts:
legal duty. (a) To recruit, transport, transfer; harbor,
(c) Any person who shall induce, deliver or offer a minor provide, or receive a person by any means, including
to any one prohibited by this Act to keep or have in his those done under the pretext of domestic or overseas
company a minor as provided in the preceding employment or training or apprenticeship, for the
paragraph shall suffer the penalty of prision mayor in its purpose of prostitution, pornography, sexual
medium period and a fine of not less than Forty exploitation, forced labor, slavery, involuntary servitude
thousand pesos (P40,000); Provided, however, That or debt bondage;
should the perpetrator be an ascendant, stepparent or (b) To introduce or match for money, profit, or
guardian of the minor, the penalty to be imposed shall material, economic or other consideration, any person
be prision mayor in its maximum period, a fine of not or, as provided for under Republic Act No. 6955, any
less than Fifty thousand pesos (P50,000), and the loss Filipino woman to a foreign national, for marriage for
of parental authority over the minor. the purpose of acquiring, buying, offering, selling or
(d) Any person, owner, manager or one entrusted with trading him/her to engage in prostitution, pornography,
the operation of any public or private place of sexual exploitation, forced labor, slavery, involuntary
accommodation, whether for occupancy, food, drink or servitude or debt bondage;
otherwise, including residential places, who allows any (c) To offer or contract marriage, real or
person to take along with him to such place or places simulated, for the purpose of acquiring, buying,
any minor herein described shall be imposed a penalty offering, selling, or trading them to engage in
of prision mayor in its medium period and a fine of not prostitution, pornography, sexual exploitation, forced
less than Fifty thousand pesos (P50,000), and the loss labor or slavery, involuntary servitude or debt bondage;
of the license to operate such a place or establishment. (d) To undertake or organize tours and travel
(e) Any person who shall use, coerce, force or intimidate plans consisting of tourism packages or activities for the
a street child or any other child to; purpose of utilizing and offering persons for
(1) Beg or use begging as a means of living; prostitution, pornography or sexual exploitation;

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 (e) To maintain or hire a person to engage in (e) When the trafficked person is recruited to
prostitution or pornography; engage in prostitution with any member of the
(f) To adopt or facilitate the adoption of persons for military or law enforcement agencies;
the purpose of prostitution, pornography, sexual (f) When the offender is a member of the
exploitation, forced labor, slavery, involuntary military or law enforcement agencies; and
servitude or debt bondage; (g) When by reason or on occasion of the act
(g) To recruit, hire, adopt, transport or abduct a of trafficking in persons, the offended party dies,
person, by means of threat or use of force, fraud, becomes insane, suffers mutilation or is afflicted with
deceit, violence, coercion, or intimidation for the Human Immunodeficiency Virus (HIV) or the Acquired
purpose of removal or sale of organs of said person; Immune Deficiency Syndrome (AIDS).
and RA 9344: AGE OF CRIMINAL RESPONSIBILITY,
(h) To recruit, transport or adopt a child to engage in DISCERNMENT, DIVERSION, RESTORATIVE
armed activities in the Philippines or abroad. JUSTICE
Section 5. Acts that Promote Trafficking in SEC. 6. Minimum Age of Criminal Responsibility.
Persons. - The following acts which promote or - A child fifteen (15) years of age or under at the time
facilitate trafficking in persons, shall be unlawful: of the commission of the offense shall be exempt from
(a) To knowingly lease or sublease, use or allow to be criminal liability. However, the child shall be subjected
used any house, building or establishment for the to an intervention program pursuant to Section 20 of
purpose of promoting trafficking in persons; this Act.
(b) To produce, print and issue or distribute unissued, A child above fifteen (15) years but below eighteen (18)
tampered or fake counseling certificates, registration years of age shall likewise be exempt from criminal
stickers and certificates of any government agency liability and be subjected to an intervention program,
which issues these certificates and stickers as proof of unless he/she has acted with discernment, in which
compliance with government regulatory and pre- case, such child shall be subjected to the appropriate
departure requirements for the purpose of promoting proceedings in accordance with this Act. The exemption
trafficking in persons; from criminal liability herein established does not
(c) To advertise, publish, print, broadcast or distribute, include exemption from civil liability, which shall be
or cause the advertisement, publication, printing, enforced in accordance with existing laws.
broadcasting or distribution by any means, including SEC. 7. Determination of Age. - The child in conflict
the use of information technology and the internet, of with the law shall enjoy the presumption of minority.
any brochure, flyer, or any propaganda material that He/She shall enjoy all the rights of a child in conflict with
promotes trafficking in persons; the law until he/she is proven to be eighteen (18) years
(d) To assist in the conduct of misrepresentation or old or older.
fraud for purposes of facilitating the acquisition of The age of a child may be determined from the child's
clearances and necessary exit documents from birth certificate, baptismal certificate or any other
government agencies that are mandated to provide pertinent documents. In the absence of these
pre-departure registration and services for departing documents, age may be based on information from the
persons for the purpose of promoting trafficking in child himself/herself, testimonies of other persons, the
persons; physical appearance of the child and other relevant
(e) To facilitate, assist or help in the exit and entry of evidence. In case of doubt as to the age of the child, it
persons from/to the country at international and local shall be resolved in his/her favor.
airports, territorial boundaries and seaports who are in Any person contesting the age of the child in conflict
possession of unissued, tampered or fraudulent travel with the law prior to the filing of the information in any
documents for the purpose of promoting trafficking in appropriate court may file a case in a summary
persons; proceeding for the determination of age before the
(f) To confiscate, conceal, or destroy the passport, Family Court which shall decide the case within twenty-
travel documents, or personal documents or four (24) hours from receipt of the appropriate
belongings of trafficked persons in furtherance of pleadings of all interested parties.
trafficking or to prevent them from leaving the country If a case has been fiied against the child in conflict with the
or seeking redress from the government or appropriate law and is pending in the appropriate court, the person shall
agencies; and file a motion to determine the age of the child in the same
(g) To knowingly benefit from, financial or otherwise, court where the case is pending. Pending hearing on the
or make use of, the labor or services of a person held said motion, proceedings on the main case shall be
to a condition of involuntary servitude, forced labor, or suspended.
slavery. In all proceedings, law enforcement officers, prosecutors,
Section 6. Qualified Trafficking in Persons. - The judges and other government officials concerned shall exert
following are considered as qualified trafficking: all efforts at determining the age of the child in conflict with
(a) When the trafficked person is a child; the law.
(b) When the adoption is effected through Republic Act RA 9262: WHAT CONSTITUTES VAWC,
No. 8043, otherwise known as the "Inter-Country Violence against women and their children" refers to
Adoption Act of 1995" and said adoption is for the any act or a series of acts committed by any person against
purpose of prostitution, pornography, sexual a woman who is his wife, former wife, or against a woman
exploitation, forced labor, slavery, involuntary with whom the person has or had a sexual or dating
servitude or debt bondage; relationship, or with whom he has a common child, or
(c) When the crime is committed by a syndicate, or in against her child whether legitimate or illegitimate, within
large scale. Trafficking is deemed committed by a or without the family abode, which result in or is likely to
syndicate if carried out by a group of three (3) or more result in physical, sexual, psychological harm or suffering,
persons conspiring or confederating with one another. or economic abuse including threats of such acts, battery,
It is deemed committed in large scale if committed assault, coercion, harassment or arbitrary deprivation of
against three (3) or more persons, individually or as a liberty.
group; It includes, but is not limited to, the following acts:
(d) When the offender is an ascendant, parent, sibling, A. "Physical Violence" refers to acts that include
guardian or a person who exercises authority over the bodily or physical harm;
trafficked person or when the offense is committed by B. "Sexual violence" refers to an act which is
a public officer or employee; sexual in nature, committed against a woman or her child.
It includes, but is not limited to:

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a) rape, sexual harassment, acts of lasciviousness, (d) Directing the respondent to stay away from
treating a woman or her child as a sex object, making petitioner and designated family or household member
demeaning and sexually suggestive remarks, at a distance specified by the court, and to stay away
physically attacking the sexual parts of the victim's from the residence, school, place of employment, or any
body, forcing her/him to watch obscene publications specified place frequented by the petitioner and any
and indecent shows or forcing the woman or her child designated family or household member;
to do indecent acts and/or make films thereof, forcing (e) Directing lawful possession and use by petitioner of
the wife and mistress/lover to live in the conjugal an automobile and other essential personal effects,
home or sleep together in the same room with the regardless of ownership, and directing the appropriate
abuser; law enforcement officer to accompany the petitioner to
b) acts causing or attempting to cause the victim to the residence of the parties to ensure that the petitioner
engage in any sexual activity by force, threat of force, is safely restored to the possession of the automobile
physical or other harm or threat of physical or other and other essential personal effects, or to supervise the
harm or coercion; petitioner's or respondent's removal of personal
c) Prostituting the woman or child. belongings;
C. "Psychological violence" refers to acts or (f) Granting a temporary or permanent custody of a
omissions causing or likely to cause mental or emotional child/children to the petitioner;
suffering of the victim such as but not limited to (g) Directing the respondent to provide support to the
intimidation, harassment, stalking, damage to property, woman and/or her child if entitled to legal support.
public ridicule or humiliation, repeated verbal abuse and Notwithstanding other laws to the contrary, the court
mental infidelity. shall order an appropriate percentage of the income or
It includes causing or allowing the victim to witness the salary of the respondent to be withheld regularly by the
physical, sexual or psychological abuse of a member of respondent's employer for the same to be automatically
the family to which the victim belongs, or to witness remitted directly to the woman. Failure to remit and/or
pornography in any form or to witness abusive injury to withhold or any delay in the remittance of support to
pets or to unlawful or unwanted deprivation of the right the woman and/or her child without justifiable cause
to custody and/or visitation of common children. shall render the respondent or his employer liable for
D. "Economic abuse" refers to acts that make or indirect contempt of court;
attempt to make a woman financially dependent which (h) Prohibition of the respondent from any use or
includes, but is not limited to the following: possession of any firearm or deadly weapon and order
1. withdrawal of financial support or preventing the him to surrender the same to the court for appropriate
victim from engaging in any legitimate profession, disposition by the court, including revocation of license
occupation, business or activity, except in cases wherein and disqualification to apply for any license to use or
the other spouse/partner objects on valid, serious and possess a firearm. If the offender is a law enforcement
moral grounds as defined in Article 73 of the Family agent, the court shall order the offender to surrender
Code; his firearm and shall direct the appropriate authority to
2. deprivation or threat of deprivation of financial investigate on the offender and take appropriate action
resources and the right to the use and enjoyment of the on matter;
conjugal, community or property owned in common; (i) Restitution for actual damages caused by the
3. destroying household property; violence inflicted, including, but not limited to, property
4. controlling the victims' own money or properties or damage, medical expenses, childcare expenses and loss
solely controlling the conjugal money or properties. of income;
PROTECTIVE ORDERS (j) Directing the DSWD or any appropriate agency to
SECTION 8. Protection Orders.- A protection provide petitioner may need; and
order is an order issued under this act for the purpose (k) Provision of such other forms of relief as
of preventing further acts of violence against a woman the court deems necessary to protect and provide for
or her child specified in Section 5 of this Act and granting the safety of the petitioner and any designated family
other necessary relief. or household member, provided petitioner and any
The relief granted under a protection order serve the designated family or household member consents to
purpose of safeguarding the victim from further harm, such relief. Any of the reliefs provided under this section
minimizing any disruption in the victim's daily life, and shall be granted even in the absence of a decree of legal
facilitating the opportunity and ability of the victim to separation or annulment or declaration of absolute
independently regain control over her life. The nullity of marriage.
provisions of the protection order shall be enforced by The issuance of a BPO or the pendency of an
law enforcement agencies. application for BPO shall not preclude a petitioner from
The protection orders that may be issued under this Act applying for, or the court from granting a TPO or PPO
are the barangay protection order (BPO), temporary Principles of Effective Remedy
protection order (TPO) and permanent protection order Human rights law imposes an obligation on countries to
(PPO). The protection orders that may be issued under provide remedies and reparation for the victims of
this Act shall include any, some or all of the following human rights violations.º The right to an effective
reliefs: remedy encompasses an obligation to bring to justice
(a) Prohibition of the respondent from threatening to perpetrators of human rights abuses, including
commit or committing, personally or through another, discrimination, and also to provide appropriate
any of the acts mentioned in Section 5 of this Act; reparation to victims." Reparation can involve measures
(b) Prohibition of the respondent from harassing, including compensation, restitution, rehabilitation,
annoying, telephoning, contacting or otherwise public apologies, guarantees of non-repetition and
communicating with the petitioner, directly or indirectly; change in relevant law and practices.
(c) Removal and exclusion of the respondent from the Victims and Other Persons Entitled to Reparation
residence of the petitioner, regardless of ownership of Human rights treaties often presuppose the concept
the residence, either temporarily for the purpose of of implicitly, postulating the victim, as the person
protecting the petitioner, or permanently where no whose rights have been violated. (International
property rights are violated, and if respondent must Commission of Jurist [ICJ], 2018). According to the
remove personal effects from the residence, the court Declaration of Basic Principles of Justice for Victims
shall direct a law enforcement agent to accompany the of Crim and Abuse of Power (1985), a victim is a
respondent has gathered his things and escort persons who, individually collectively, have suffered
respondent from the residence; harm, including physical or mental injure emotional
suffering, economic loss or substantial impairment

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of the fundamental rights, through acts or omissions provide the victim who has suffered violence or
that are in violation of criminal laws operative within trauma should benefit from special consideration and
Member States, including those laws proscribing care to avoid his or her re-traumatization in the course
criminal abuse of power (Principle 1)^ 72 In addition of legal and administrative procedures designed to
t this, a person may be considered a victim, provide justice and reparation (BPGRRR, 2005, Sec. 6,
regardless of whether the perpetrator is identified, Art. 10).
apprehended, prosecuted or convicted an regardless The right to a remedy guarantees, the right to
of the familial relationship between the perpetrator vindicate one's rights before an independent and
and the victim. Moreover, the term "victim" also impartial body, with a view to obtaining recognition of
includes, where appropriate the immediate family or the violation; or the cessation of the violation, if it is
dependants of the direct victim and person who ongoing; and adequate reparation. It is also linked in
have suffered harm in intervening to assist victims several ways to the right to reparation: an
in distress or prevent victimization (Principle 2). independent assessment constitutes the first step in
TYPES OF VICTIM obtaining reparation, and indeed the term remedy is
According to the Victims of Crime Assistance Tribunal sometimes understood as comprising reparation
(2016), the are three types of victims: Primary, (IJCP, 2005, p. 52). Remedies for gross violations of
Secondary, and Related Victims. international human rights law and serious violations
Primary victim of international humanitarian law include the victim's
A primary victim is a person who is injured or dies as a right to the following as provided for under
direct result of (VOCAT, 2016): international law (BPGRRR, 2005, Sec 7. Art. 11):
1. a violent crime committed against him or her: 1. Equal and effective access to justice
2. trying to arrest someone he/she believes, on 2. Adequate, effective, and prompt reparation for harm
reasonable grounds, has committed a violent crime; 3. Access to relevant information concerning violations and
3. trying to prevent the commission of a violent crime; reparation mechanisms.
or
4. trying to aid or rescue someone he /she believes is Equal and Effective Access to Justice
the victim of a violent crime. Access to justice is a basic human right as well as an
Secondary Victim indispensable means to combat poverty, prevent and
A secondary victim is (VOCAT, 2016): resolve conflicts. A victim of a gross violation of human
1. a person who is present at the scene of a violent crime rights shall have equal access to an effective judicial
and who is injured as a direct result of witnessing that remedy as provided for under international law. (IJCP,
crime; or 2005, p. 58) Other remedies available to the victim include
2. a person injured as a direct result of subsequently access to administrative and other bodies, as well as
becoming aware of an act of violence and who is the mechanisms, measures, and proceedings conducted in
parent/guardian of the primary victim who was under accordance with domestic law. Equal access involves
the age of 18 at the time the criminal act was committed. extending the reach of formal legislative institutions to the
Related Victim population by removing barriers to their use."
A related victim is a person who, at the time of the Strengthening access also involves engaging the informal
violent crime (VOCAT, 2016): sector to enhance its reach, effectiveness, and compliance
1. was a close family member of a deceased primary with human rights standards. Obligations under
victim; international law to secure the right to access justice and
2. was a dependant of a deceased primary victim; or fair and impartialprocedure shall be reflected in domestic
3. had an intimate personal relationship with a deceased laws. In relation to this, the government has the
primary victim. responsibility to (BPGRRR, 2005, Sec. 8, Art. 12):
It is also noted that, the term 'close family member' is 1. Disseminate, through public and private mechanisms,
defined as a person who has a genuine personal information about all available remedies for gross violations
relationship with the victim at the me of the victim's of international human rights law and serious violations of
death and who is (VOCAT, 2016): international humanitarian law (BPGRRR, 2005, Sec. 8, Art.
1. the spouse of the victim, 12. a);
2. a parent, guardian or step-parent of the victim. 2. Take measures to minimize the inconvenience to victims
3. a child or step-child of the victim or some other child and their representatives, protect against unlawful
of whom the victim is the guardian : or interference with their privacy as appropriate, and ensure
4. a brother, sister, step-brother or step-sister of the their safety from intimidation and retaliation, as well as that
victim. of their families and witnesses, before, during, and after
Collective Victim judicial, administrative, or other proceedings that affect the
Some International treaties and declarations posit interests of victims (BPGRRR, 2005, Sec. 8, Art. 12,b);
groups, along with individuals, as rights holders. When 3. Provide proper assistance to victims seeking access to
a great number of persons have suffered from human justice (BPGRR, 2005, Sec 8 Art,12. c ) ;
rights violations, there should also be collective 4. Make available all appropriate legal, diplomatic, and
procedures to enforce their rights, a practice accepted consular means to ensure that victims can exercise their
by some international human rights bodies. In principle, rights to remedy for gross violation of international human
International law also recognizes the notions of rights law or serious violation of international humanitarian
collective victims, that certain groups may have rights law (BPGRRR, 2005, Sec. 8, Art. 12,d).
known as collective rights, such as indigenous and tribal According to the United Nations Development Programme
peoples. Moreover, International law recognizes the (UNDP,2004), there are six support to promote access to
right of individuals to exercise certain rights in justice:
community with others. In which, they may also claim 1. Legal Protection - it serves as the legal basis for all
reparation collectively (ICJ, 2018, pp.48-51). other support areas on access to justice. The legal
Treatment of Victims and Right to Remedies protection of disadvantaged groups can be enhanced
According to the Basic Principles and Guidelines on the through (UNDP
Right to a Remedy and Reparation (BPGRRR), (2005), a. Ratification of treaties and their implementation in the
victims should be treated with humanity and respect domestic law;
for their dignity and human rights, and appropriate b. implementation of constitutional law; e national
measures should be taken to ensure their safety, legislation:
physical and psychological well-being and privacy, as d. implementation of rules and regulations and
well as those of their families. The Government has administrative orders; and
the responsibility to ensure that its domestic laws e traditional and customary law.

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2. Legal Awareness - This includes the development this area is the rectification of a person's criminal record
of capacities and effective dissemination of after a trial and conviction in violation of human rights
information that would help victims understand the (ICJ, 018,pp.16 7 .
following (UNDP, 2004,p7) : 3.Restoration of liberty- persons must be released, if
a. their right to seek redress through the justice the international jurisprudence has found that the
system; detention is in violation of international human rights law
b. the different officials and institutions entrusted to or of prison sentences resulting from unfair trials (ICJ,
protect their access to justice; and 2018, pp.168).
e. the steps involved in initiating legal procedures. 4. Restoration or recognition of citizenship- it is
where someone is deprived of his or her nationality in
3.Legal Aid and Counsel - This includes the violation of international law, restoration to original
development of the capacities (from technical expertise condition can be easily achieved through restoration or
to representation) that people need to enable them to recognition of citizenship (ICJ, 2018, pp.169).
initiate and pursue justice procedures, legal aid and 5. Return to one's place of residence- it entails the
counsel can involve professional law (UNDP,2004, p7) duty of the government to ensure the return of a person
4. Adjudication - It refers to the legal process of or group of persons, who had been subject to political
resolving dispute or deciding a case. This includes the persecution and obliged to leave the country. In addition
development of capacities to determine the most to this, the State had an obligation to take appropriate
adequate type of redress or compensation. Means of measures to protect the person's security and his life so
adjudication can be regulated by formal law, as in the as to allow him to return t the country (ICJ, 2018, 69-170)
case of courts and other quasi judicial and administrative .
bodies, or by traditional legal systems (UNDP, 2004.p7). 6. Restoration of employment -it is when the persons
5 Enforcement -It is the process of making people are dismissed from their employment in violation of their
obey a law or rule, or making a particular situation human rights, restoration to original condition can be
happen or be accepted. This includes the development easily achieved through the restoration of employment RC
of capacities for enforcing orders, decisions and underline 1.orns pp.171).
settlements emerging from formal or traditional 7. Return of property- As for deprivation of property in
adjudication. It is critical to support the capacities to violation of human rights, restoration to original condition
enforce civil court decisions and to institute reasonable in principle, requires the return of property. In the case
appeal procedures against arbitrary actions or rulings of unlawful expropriation, the best form of redress would
(UNDP, 2004.p7). in principle be for the State to return the land (ICJ, 2018,
6. Civil Society and Parliamentary Oversight. -This pp.172),
involves the development of civil society's watchdog and Compensation
monitoring capacities, in order to strengthen overall Compensation pertains to a monetary quantifiable award
accountability within the justice system (UNDP, 2004 for any economically assessable damage, whether
,p7) . An example of this are the Media and the different pecuniary or non-pecuniary, as appropriate and
NGOs working on monitoring and advocacy. proportional to the gravity of the violation and the
Adequate, Effective, and Prompt Reparation for circumstances of each case, such as lost opportunities,
Harm Suffered loss of earnings, and moral damage (ICJ, 2018). This
In order to promote justice by redressing gross includes according to the UN Principles on Reparation
violations of human rights, adequate, effective and (Principle 20):
prompt reparation is necessary. Reparation should be 1. Physical or mental harm;
proportional to the gravity of the violations and the harm 2. Lost opportunities, including employment, education,
suffered. The government has the duty to provide and social benefits;
reparation to victims for acts or omissions which 3. Material damages and loss of earnings, including loss
constitute gross violations of international human rights of earning potential;
law or serious violations of international humanitarian 4- Moral damage;
law (BPGRRR, 2005, Sec. 9, Art, 15). 5. Costs that are required for legal or expert assistance,
According to the Basic Principles and Guidelines on the medicine, and medical services, and psychological and
Right to a Remedy and Reparation (2005), there are five social services:
forms of reparations restitution, compensation, According to the Basic Principles of Justice for Victims of
rehabilitation, satisfaction, and guarantee of non- Crime and of Power (1985), if the compensation is not
repetition. fully available from the les or other sources, States should
Restitution endeavour to provide financial mention to:
Restitution refers to measures that restore victims to the * Victims who have sustained significant bodily injury or
original situation before they suffered gross violations of Impairment of physical or mental health as a result of
international huma rights law and/or serious violations serious crimes (Principle 12, a);
of international humanitarian law ( overline k 2018, 2. The family, in particular dependants of persons who
p.159). This includes the return of property or payment have died or become physically or mentally incapacitated
for the harm or loss suffered, reimbursement of as a result of such victimization (Principle 12. b).
expenses incurred as a result of he victimization, the Rehabilitation
provision of services, and the restoration of rights Basic Rehabilitation refers to medical and psychological care as
Principles of Justice for Victims of Crime and Abuse of well a legal and social services (ICJ, 2018). For instance,
Power, 1985). the government has the duty to ensure in its legal system
According to the International Commission of Jurist that the victim of an act of torture obtain redress and has
(2018), her are some examples of the measures of an enforceable right to fair and adequate compensation,
restitution: including the means for as full rehabilitation as possible.
1. Right to reopening of criminal proceedings. - It Rehabilitation measures are often considered within
is the convicted persons' right to re-trial or a right to compensation awards, since it is usually ordered that the
commutation of sentence; pursuant to a miscarriage of State compensate the costs of rehabilitation. It is
justice. This usually happens when the violation was important to note that rehabilitation is not only relevant
caused by an act of the judiciary, that has to be reversed for physical or psychological damages, but it can also be
and the consequences arising out of it annulled, even if of a social nature. Victims are entitled to rehabilitation of
it was a binding judgment (ICJ, 2018, pp. 163-167). their dignity, their social situation and their legal situation,
2. Restoration of legal rights- It is the re-recognition and their living situation (ICJ, 2018).
of rights that were denied to the person as a result of a Satisfaction
human rights violation. The most important example in

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Satisfaction refers to a broad category of measures, b. Ensuring that all civilian and military proceedings
ranging from those aiming at a cessation of violations, abide by International standards of due process,
to truth seeking, the search for the disappeared, the fairness and impartiality;
recovery and reburial of remains, public apologies,
c. Strengthening the independence of the judiciary; d.
judicial and administrative sanctions, commemoration
and memorialization, and human rights training (ICJ, Protecting persons in the legal, medical and health-care
2018 pp 207- 212). It is a non-financial form of
reparation that helps in the restoration of a person's professions, the media and other related professions,
dignity, mental well-being, and reputation that is and
victim of human rights abuse.
human rights defenders;
According to the Basic Principles and Guidelines on the
Right to a Remedy and Reparation (2005), satisfaction
includes (Principle 22): e. Providing, on a priority and continued basis, human
1. Effective measures aimed at the cessation of rights and international humanitarian law education to
continuing all sectors of society and training for law enforcement
violations; officials as well as military and security forces;
2. Verification of the facts and full and public disclosure
of the truth to the extent that such disclosure does not f. Promoting the observance of codes of conduct and
cause further harm or threaten the safety and interests ethical norms, in particular international standards, by
of the victim, the victim's relatives, witnesses, or persons public servants, including law enforcement,
who have intervened to assist the victim or prevent the correctional, media, medical, psychological, social
occurrence of further service and military personnel, as well as by economic
violations; enterprises;
3 The search for the whereabouts of the disappeared,
for the identities of the children abducted, and for the g. Promoting mechanisms for preventing and
bodies of those killed, and assistance in the recovery, monitoring social conflicts and their resolution:
identification and reburial of the bodies in accordance
with the expressed or presumed wish of the victims, or h. Reviewing and reforming laws contributing to or
the cultural practices of the families and communities; allowing gross violations of international human rights
law and serious violations of international humanitarian
4. An official declaration or a judicial decision restoring law.
the dignity, the reputation and the rights of the victim
and of persons closely connected with the victim; 5. Although guarantees of non-repetition may amount to
Public apology, including acknowledgement of the facts a form redress, they also serve a preventive function.
and Hence, they may be scribed as a positive reinforcement
of future performances, with violation of violations
acceptance of responsibility: being conceived of as the negative aspect future
performance, concerned with securing an end to the
6. Judicial and administrative sanctions against continuing wrongful conduct.
persons liable for the violations;
Access to Relevant Information Concerning
7. Commemorations and tributes to the victims; Violations and Reparation Mechanisms.

8. Inclusion of an accurate account of the violations According to the Basic Principles and Guidelines on the
that occurred in international human rights law and Right to a Remedy and Reparation (2005). The States
international humanitarian law training and in should develop means of informing the general public
educational material at all levels. and, in particular, victims of gross violations of
international human rights law and serious violations of
Guarantees of Non-Repetition the international humanitarian law of the rights and
remedies addressed by the Basic Principles and
Guarantees of non-repetition are measures that serve Guidelines and of all available legal, medical,
as safeguards against the repetition of an initial violation psychological, social, administrative and all other
(ICJ, 2018, p. 140). It endorsed the principles governing services to which victims may have a right of access
the international responsibility of the state, which (Principle 24).
confirm that a state responsible for an internationally
wrongful act is obliged to offer guarantees of non- Furthermore, victims and their representatives should
repetition to the injured state or group of states.29 be entitled to week and obtain information on the
causes leading to their victimization and on the causes
According to the Basic Principles and Guidelines on the and conditions pertaining to the gross violations of
Right to a Remedy and Reparation (2005), Guarantees international human rights law and serious violations of
of non-repetition should include, any or all of the international humanitarian law and to learn the truth in
following measures, which will also contribute to regard to these violations BCJ, 2005, Pp.84-133 ).
prevention (Principle 23): The 30 Articles of The Universal Declaration of Human
Rights Here is a summary of the 30 articles of the
a. Ensuring effective civilian control of military and Universal Declaration
security forces;
Human Rights according to Amnesty International
(2021);

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Article 1: We are all born free. We all have our own Article 17: Everyone has the right to own property, and
thoughts and ideas and we should all be treated the no one has the right to take this away from us without a
same way. fair reason,

Article 2: The rights in the UDHR belong to everyone, Article 18: Everyone has the freedom to think or believe
no matter who we are, where we're from, or whatever what they want, including the right to religious belief. We
we believe. have the right to change our beliefs or religion at any
time, and the right to publicly or privately practice our
Article 3: We all have the right to life, and to live in chosen religion, alone or with others.
freedom and safety,
Article 19: Everyone has the right to their own opinions,
Article 4: No one should be held as a slave, and no one and to be able to express them freely. We should have
has the right to treat anyone else as their slave. the right to share our ideas with who we want, and in
whichever way we choose
Article 5: No one has the right to inflict torture, or to
subject anyone else to cruel or inhuman treatment. Article 20: We should all have the right to form groups
and organize peaceful meetings. Nobody should be forced
Article 6: We should all have the same level of legal to belong to a group if they don't want to.
protection whoever we are, and wherever in the world,
we are. Article 21: We all have the right to take part in our
country's political affairs either by freely choosing
Article 7: The law is the same for everyone, and must politicians to represent us or by belonging to the
treat us all equally. government ourselves. Governments should be voted for
by the public on a regular basis, and every person's
Article 8: We should all have the right to legal support individual vote should be secret. Every individual vote
if we should be worth the same.

are treated unfairly, Article 22: The society we live in should help every
person develop to their best ability through access to
Article 9: Nobody should be arrested, put in prison, or work, involvement in cultural activity, and the right to
sent away from our country unless there is good reason social welfare. Every person in society should have the
to do so. freedom to develop their personality with the support of
the resources available in that country.
Article 10: Everyone accused of a crime has the right
to a fair and public trial, and those that try us should be Article 23: We all have the right to employment, to be
independent and not influenced by others. free to choose our work, and to be paid a fair salary that
allows us to live and support our family. Everyone who
Article 11: Everyone accused of a crime has the right does the same work should have the right to equal pay,
to be considered innocent until they have fairly been without discrimination. We have the right to come
proven to be guilty. together and form Trade union groups to defend our
interests as workers
Article 12: Nobody has the right to enter our home,
open our mail, or intrude on our families without good Article 24: Everyone has the right to rest and leisure
reason. We also have the right to be protected if time. There should be limits on working hours, and people
someone tries to unfairly damage our reputation. should be able to take holidays with pay

Article 13: We all have the right to move freely within Article 25: We all have the right to enough food, clothing
our country, and to visit and leave other countries when housing, and healthcare for ourselves and our families.
we wish. We should have access to support if we are out of work,
ill, elderly. disabled, widowed, or can't earn a living for
Article 14: If we are at risk of harm we have the right reasons outside of our control. An expectant mother and
to go to another country to seek protection. her baby should both receive extra care and support. All
children should have the same rights when they are born.
Article 15: We all have the right to be a citizen of
a country and nobody should prevent us, without Article 26: Everyone has the right to education. Primary
good reason, from being a citizen of another schooling should be free. We should all be able to
country if we wish. continue our studies as far as we wish. At school, we
should be helped to develop our talents and be taught an
Article 16: We should have the right to marry and have understanding and respect for everyone's human rights.
a family as soon as we're legally old enough. Our We should also be taught to get on with others whatever
ethnicity, nationality y and religion should not stop us their ethnicity, religion, or country they come from. Our
from being able t de this Men and women have the same parents have the right to choose what kind of school we
rights when they are married and also when they're go to.
separated. We should never le feed to marry. The
government has a responsibility t protect us and our Article 27: We all have the right to get involved in
families. our community's arts, music, literature and sciences,

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 and the benefits they bring. If we are an artist, a It is composed of government representatives of HRC
musician, a writer, or a scientist, our works should be member states serving in their personal capacity, which
protected and we should be able to benefit from them. is called upon to present the HRC with a report on
consistent patterns of gross and reliably attested human
Article 28: We all have the right to live in a peaceful rights violations and to make recommendations to the
and orderly society so that these rights and freedoms Council on the course of action to be taken. Their
can be protected, and these rights can be enjoyed in all functions are as follows (A/ HRC2007. para 98):
other countries around the world.
1. To present the Council with a report on consistent
Article 29: We have duties to the community we live in patterns of gross and reliably attested violations of human
that should allow us to develop as fully as possible. The rights and fundamental freedoms ;
law should guarantee human rights and should allow
everyone to enjoy the same mutual respect. 2. To make recommendations to the Council on the
course of action to take, normally in the form of a draft
Article 30: No government, group, or individual should resolution or decision with respect to the situations
act in a way that would destroy the rights and freedoms referred to it.
of the Universal Declaration of Human Rights.
Human Rights Council Complaint Procedure 3. To make a decision to dismiss a case.

A new complaint procedure was established on 18 June Any individual, group of individuals, or non-governmental
2007, the Human Rights Council adopted resolution 5/1 organization can submit a complaint to the complaint
entitled "Institution Building of the United Nations procedure of the Human Rights Council. All the materials
Human Rights Council", to address consistent patterns provided by the complainant and the State concerned, as
of gross and reliably attested violations of all human well as the proceedings at the various stages, remain
rights and all fundamental freedoms occurring in any confidential and are therefore not made public unless the
part of the world and under any circumstances. It is Council decides otherwise. The complainant can request
based on the former that their identity not be disclosed to the State concerned.

Commission of Human Rights' 1503 procedure which has Four Stages of Complaint Procedure
been modified to ensure that the procedure is impartial,
objective, efficient, victims oriented and conducted in a FIRST STAGE:
timely manner.
An initial screening is done by the Chairperson of the
The complaint procedure addresses communications Working Group on Communications, together with the
submitted secretariat. Only complaints that meet the admissibility
criteria are transmitted to the State concerned to obtain
by individuals, groups, or non-governmental their views on the allegations of violations (HRC, 2007).
organizations that claim
SECOND STAGE:
to be victims of human rights violations or that have
direct, reliable The Working Group on Communications meets twice a
year and decides on the admissibility of a complaint and
knowledge of such violations (Weston, 2020). Human assesses the merits of the allegations of violations
Rights Council including whether the complaint alone or in combination
with other complaints appear to reveal a consistent
Complaint Procedure has two working groups ; pattern of gross and reliablyattested violations of human
rights and fundamental freedoms. Duris its sessions, the
Working Group on Communications Working Group on Communications may decide to (HRC,
2007):
It is composed of independent experts, whose primary
task is to determine the admissibility of complaints. Their 1 Dismiss a complaint if it is not admissible under Council
functions are as follows |A/HRC/RES/5/1 2007, para 95): resolution 5/1;

1. To decide on the admissibility of a communication; 2. Keep a complaint under review and request the State

2. To assess the merits of the allegations of violations, concerned and/or the complainant to provide further
including whether the communication alone or in information within a reasonable time; 3. Transmit a file
combination with other communications appear to containing all admissible communications as
reveal a consistent pattern of gross and reliably attested
violations of human rights and fundamental freedoms; well as recommendations thereon to the Working Group
3. To provide the Working Group on Situations with a file on
containing all admissible communications as well as
recommendations thereon, and Situations for further consideration.
4. To decide to dismiss a case.
THIRD STAGE:
Working Group on Situations

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 The Working Group on Situations meets twice a year
and is required on the basis of the information and 3. Alert United Nations organs and agencies, in particular,
recommendations provided by the Working Group on the HRC, and the international community in general to
Communications, to present the Council with a report the need to address specific situations and issues. In this
on consistent patterns of gross and reliably attested regard they have a role in providing "early warning" and
violations of human rights and fundamental freedoms encouraging preventive measures;
and to make recommendations to the Council on 4. Advocate on behalf of the victims of violations through
which course of action to take. measures such as requesting urgent action by relevant
States and calling upon Governments to respond to
During its session, the Working Group on Situations may specific allegations of human rights violations and provide
decide to (HRC, 2007): redress;

1. Discontinue its consideration of the situation; 5. Activate and mobilize the international and national
communities, and the HRC to address particular human
2. Keep the situation under review for further rights issues and to encourage cooperation among
consideration or additional information; Governments, civil society and inter-governmental
organizations.
3. Transmit the situation to the Human Rights Council
when it feels that the allegations contained in the 6. Follow-up to recommendations.
communication may reveal consistent patterns of gross
and reliably attested violations of human rights and INSTRUMENTS AND TOOLS OF SPECIAL
fundamental freedoms. PROCEDURE
Annual Reports and Recommendations
Mandate-holders must report to the Human Rights Council
FOURTH STAGE: on a yearly basis. A large number also report to the General
Assembly. The annual reports focus on working methods
The Council examines reports of the Working Group on and general developments with regard to the respective
Situations in a confidential manner (unless it decides mandate, and provide an analysis of the situation with
otherwise) and may take on of the following decisions regard to the human right in question in the case of
thematic mandates, or with regard to human rights in
(HRC, 2007):
general, in the case of country mandates. They formulate
recommendations (OHCHR, 2020) .
1. Discontinue considering the situation when further Communications
consideration or action is not warranted; ` Certain mandates allow for intervention on specific
2. Keep the situation under review and request the State allegations of human rights violations (past or ongoing, but
concerned to provide further information within a also those which have high risk of occurring). On receiving
reasonable period of time: information claiming a a mandate-holder may send a letter
of allegation (OHCHR, 2008, para 46) or an urgent appeal
(OHCHR, 2008, para. 43) to the government concerned,
3. Keep the situation under review and appoint an
asking the latter to clarify or comment on the allegation, or
independent and highly qualified expert to monitor the requesting that preventive or investigatory action be taken.
situation and report back to the Council: violation
Country visits
4.Discontinue reviewing the matter under the Country visits are an essential means to obtain direct and
confidential firs hand information on human rights violations. They allow
for direct observation of the human rights situation and
facilitate an intensive dialogue with all relevant state
complaint procedure in order to take up public
authorities, including those in the executive, legislative and
consideration of the same; and 5. Recommend OHCHR judicial branches (OHCHR, 2008, para. 52).
to provide technical cooperation, capacity-building Prior to embarking on a field visit, the mandate-holders
assistance, or advisory services to the State concerned. request to visit the specific country must be accepted by
the government in question (URG,n.d.) . Governments are
Special Procedures also entitled to issue a standing invitation, which is an
open invitation by the government to all thematic Special
Procedures to undertake country visits and forms a useful
Special procedures refer to a diverse range of indicator of a State's willingness to cooperate with Special
procedures established to promote and protect human Procedures. When a State does not respond to requests for
rights and to prevent violations in relation to specific an invitation to visit, it is appropriate for a mandate-holder
themes or issues or examine the situation in specific to remind the Government concerned, to draw the attention
countries. It allows the Council to meet outside of of the Council to the outstanding request, and to take other
plenary sessions to discuss grave and crisis human rights appropriate measures designed to promote respect for
human rights (OHCHR, 2008, para. 56).
situations, either country specific or thematic.
During these visits, mandate-holders can meet with the
government authorities at both the national and local level,
Principal Functions of Special Procedures members of parliament, members of the judicial system,
the national human rights institution, UN agencies, NGOs,
This includes s(OHCHR,200 , para 5): civil society representatives, victims, and other actors.
When conducting interviews with victims and witnesses of
1. Analyze the relevant thematic issue or country human rights violations mandate-holders will have these
guiding principles (OHCHR 2O08 , para. 73)
situation, including undertaking on-site missions,;
1. Objectivity,
2. Respect,
2. Advise on the measures which should be taken by the 3. Confidentiality,
Government(s) concerned and other relevant actors; 4. Verifiability,

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 5. Discretion, development, and human rights are interlinked and
6. Transparency, mutually reinforced.
7. Impartiality, and OHCHR Mandate
8. Even-handedness According to the UN General Assembly Resolution
18/141 , the UN Office of High Commissioner of Human
At the end of their mission, mandate-holders hold a Rights is mandated to:
press conference and invariably submit a report to the 1. Promote and protect all human rights :
Human Rights Council containing their findings and Tackling objectively human rights violations and
recommendations. The mission report prepared by a helping elaborate the standards that are used to
mandate-holder will generally contain details of the evaluate human rights progress worldwide.
itinerary and of the principal meetings, an analysis of the 2. .Help empower people: Conducting research,
situation, and a set of conclusions and recommendations education, and advocacy activities, which contributes to the
directed towards the Government and other relevant
increased awareness and engagement by the global
actors.
community and the public on human rights issues. This
The draft report is first submitted to the Government to
correct misunderstandings or factual inaccuracies. The means empowering thousands of people in all regions of
Government will have 4-6 weeks for their comments to the world to claim their rights.
be taken into account. The final any reports are 3. Assist Governments: Preventing abuses and
generally published as a separate document but might contributing to defusing situations that could lead to
also be included as a part of a general report by the conflict. The monitoring and analysis feeds sensitive
mandate-holder. Comments by the Government decision-making and development programming. It also
concerned of the report should be annexed to the report, provides capacity building and legal advice to thousands,
in accordance with applicable United Nations supporting the development and judicious enactment of
documentation rules. They may, upon request of the laws and policies across the globe.
Government concerned, also be issued as an official 4. Inject a human rights perspective into all UN
document. (OHCHR, 2008, para. 1.74)
programmes: mainstreaming human rights into all UN
Thematic Studies
programmes to ensure that peace and security,
Mandate-holders can conduct studies clarifying the
scope of a specific right, thus also contributing to the development, and human rights are interlinked and
implementation international law. Such studies may be mutually reinforced.
initiated by the mandate-holder or undertaken pursuant
to a specific request by relevant bodies. The practical OHCHR Mandate
arrangements in relation to the drafting and publication
of these reports will be determined in consultation with According to the UN General Assembly Resolution 18/141 ,
the Office of the High Commissioner of Human Rights. the UN Office of High Commissioner of Human Rights is
of Office of the High Commissioner of Human Rights.
mandated to:
Office of the High Commissioner of Human Rights
The Office of the High Commissioner for Human Rights
(OHCHR) established by the UN General Assembly in 1. Promote and protect all human rights for all;
1993, (Weston, 2020) Its headquarters is in the historic 2. Recommend that bodies of the UN system improve the
Palais Wilson building in Geneva Switzerland. It is the promotion and protection of all human rights;
leading United Nations entity on human rights It 3. Promote and protect the right to development;
represents the world's commitment to the promotion 4. Provide technical assistance to States for human rights
and protection of the full range of human rights and
activities;
freedoms set out in the Universal Declaration of Human
Rights.18 5. Coordinate UN human rights education and public
The UN General Assembly Resolution 48/141 created the information programmes;
OHCHR in its present form in 1993.9 The high 6. Work actively to remove obstacles to the realization of
commissioner for human rights, who carries the rank of human rights and to prevent the continuation of human
under secretary-general of the UN, heads the OHCHR. rights violations;
The post of high commissioner was established in 1993
7. Engage in dialogue with Governments in order to secure
by a General Assembly resolution and is appointed by
the UN secretary-general. respect for all human rights;
2021) : Both the High Commissioner and the Office have 8. Enhance international cooperation for the promotion and
a role to (OHCHR, protection of all human rights;
1. Promote and protect all human rights: Tackling 9. Coordinate human rights promotion and protection
objectively human rights violations and helping activities throughout the United Nations system; and
elaborate the standards that are used to evaluate human 10. Rationalize, adapt, strengthen and streamline the UN
rights progress worldwide. human rights machinery.
2.Help empower people: Conducting research,
education, and advocacy activities, which contributes to OHCHR's 2018-2021 Roadmap
the increased awareness and engagement by the global
community and the public on human rights issues. This UN Human Rights follows the framework of results known
means empowering thousands of people in all regions of as the OHCHR Management Plan (OMP). This roadmap is
the world to claim their rights. based on the results of consultations with the Member
3 Assist Governments: Preventing abuses and
States, the UN system, civil society, the donor community,
contributing to defusing situations that could lead to
conflict. The monitoring and analysis feeds sensitive and the private sector. The current OMP is strongly
decision-making and development programming. It also anchored to the 2030 Development Agenda and covers the
provides capacity building and legal advice to thousands, period from 2018-2021 inclusive ( ICHR, 2021)
supporting the development and judicious enactment of
laws and policies across the globe. Six Thematic Pillars
4 Inject a human rights perspective into all UN Every four years, UN Human Rights outlines a
programmes: mainstreaming human rights into all UN roadmap for its work in the OHCHR Management Plan.
programmes to ensure that peace and security, The 2018-20121 roadmap consists of six thematic
pillars that form the solid base on which our Office

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continues to stand (OHCHR, 2021). These are the 6 (Fomerand, Mingst, and Lynch, 2020). It elaborates
pillars upon most of the civil and political rights set forth in
1. Non-Discrimination-Enhance equality and counter the Universal Declaration of Human Rights, including
discrimination; the right to nondiscrimination but excluding the right
2. Mechanism- Increase implementation of the to own property and the right to asylum. The covenant
outcomes of the international human rights also designates several rights not listed in the
mechanisms; Universal Declaration of Human Rights, among them
3. Accountability-Strengthen the rule of law and the right of all peoples to self-determination and the
accountability for human rights violations; right of ethnic, religious, and linguistic minorities to
4. Participation- Enhance participation and protecting enjoy their own culture, to profess and practice their
civic space; own religion, and to use their own language (Weston,
5. Peace and Security- Prevent violations and 2020).
strengthen protection of human rights, including in Self-determination and Self-subsistence
situations of conflict and insecurity; and According to the International Covenant on Civil and
6. Development- Advance sustainable development Political Rights (ICCPR), All people can freely determine
through human rights. their political status and pursue their economic, social, and
Four Shift" Areas cultural determination. They are freely disposed of their
In order to have a greater human rights impact, the natural wealth and resources without prejudice to any
OHCHR identifies four shift areas to focus their efforts obligations arising out of international economic co-
across and within the 6 pillars. These shift areas are operation, based upon the principle of mutual benefit, and
1. Working to protect and expand civic space; international law. It stresses the importance of self-
2. Promoting human rights in the context of frontier determination and self-subsistence ICCPR, Article 1, para.
issues such as: 2).
a. Climate change Equality and Non-discrimination
b. Digital space and emerging technologies, It highlighted the importance of equality and non-
c. Corruption, discrimination, as in Article 2, section 1 of ICCPR which
d. Inequalities, and states that each State Party undertakes to respect and to
e. People on the move ensure to all individuals within its territory and subject to its
3. Helping prevent conflict, violence, and insecurity; and jurisdiction the rights, without distinction of any kind, such
4. Supporting a global constituency for human rights as race, color, sex, language, religion, political or other
INTERNATIONAL BILL OF RIGHTS AND UNITED opinions, national or social origin, property, birth or another
NATIONS DEVELOPMENT PROGRAMME status. Each state party needs to ensure the equal right of
According to the Office of the High Commissioner of men and women to the enjoyment of all civil and political
Human Rights, currently, there are nine core rights ICCPR, Article 3). In addition, each state has the
international human rights treaties the aim for the responsibility to ICCPR, Article 2, sec.3) :
promotion and protection of human rights. 1. To ensure that any victim shall have the right to an
These treaties have their own committee of experts that effective remedy;
monitors its implementation by its States parties. 2. To ensure that any person claiming such a remedy shall
They are supported by optional protocols dealing with have his right thereto determined by competent judicial,
specific concerns, except for the Optional Protocol to the administrative or legislative authorities, or by any other
Convention against Torture which establishes a competent authority provided for by the legal system of the
committee of experts (OHCHR 2021). State, and to develop the possibilities of judicial remedy;
The Universal Declaration of Human Rights is rooted in and
the ide of human rights as derived from the United 3. To ensure that the competent authorities shall enforce
Nations (UN) Charter. The Declaration presented a such remedies when granted.
variety of civil, political, economic, social, and cultural Freedom from Torture and Other Cruel, Inhuman or
rights that were subsequently separated and Degrading Treatment or Punishment
incorporated into two binding treaties-the International It echoes the freedom from torture and other cruel,
Covenant on Civil and Political Rights (ICCPR and the inhuman or degrading treatment or punishment (Article 7),
International Covenant on Economic, Social and Cultural As it stated on its article 6 that, every human being has the
Rights (ICESCR). inherent right to life and this right shall be protected by law.
The Universal Declaration and the two Covenants form Thus, no one shall be arbitrarily deprived of his life (Article
the International Bill of Rights. 6, Sec 1). Furthermore, the following provisions has been
The subsequent international human rights treaties provided:
complement and expand upon particular rights 1. In countries with the death penalty, sentence of death
guaranteed in the International Bill of Rights by may be imposed only for the most serious crimes in
focusing on more specific thematic concerns like racial, accordance with the law in force at the time of the
or on the protection of vulnerable groups like women, commission of the crime. (Sec2);
children, migrant workers, or disabled persons (URG, 2. Any person sentenced to death shall have the right to
n.d.). The other seven treaties are International seek pardon or commutation of the sentence. Amnesty,
Convention on the Elimination of All Forms of Racial pardon or commutation of the sentence of death may be
Discrimination (ICERD), Convention on the Elimination granted in all cases (Sec. 4).
of All Forms of Discrimination against Women (CEDAW) 3. Sentences of death shall not be imposed for crimes
, Convention against Torture and Other Cruel, Inhuman committed by persons below eighteen years of age and
or Degrading Treatment or Punishment (CAT), shall not be carried out on pregnant women (Sec. 5).
Convention on the Rights of the Child (CRC), 4. No one shall be held in slavery; slavery and the slave-
International Convention on the Protection of the Rights trade in all their forms shall be prohibited (Article 8 )
of All Migrant Workers an Members of Their Families 5. The penitentiary system shall comprise treatment of
(ICMW), International Convention for the Protection of prisoners the essential aim of which shall be their
All Persons from Enforced Disappearance (CPED), an reformation and social rehabilitation (Article 10. para. 3 ) .
Convention on the Rights of Persons with Disabilities Fair Trial Rights
(CRPD). It advocates fair trial rights, as it states in Article 9 that, no
International Covenant on Civil and Political one shall be subjected to arbitrary arrest or detention, and
Rights no one shall be deprived of his liberty except on such
The International Covenant on Civil and Political grounds and in accordance with such procedures as are
Rights (ICCPR) was adopted by the United Nations established by law. It has the following provisions:
General Assembly in 1966 and enforced in 1976

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1. Anyone who is arrested shall be informed, at the writing or in print, in the form of art, or through any
time of arrest, of the reasons for his arrest and shall other media of his choice (para 2). The exercise of these
be promptly informed of any charges against him rights carries special duties and responsibilities, hence
(Article 9. para 2); may be subject to restrictions that are provided by law
and are necessary to respect the rights, and reputation
2. Anyone arrested or detained on a criminal charge shall of another person; and for the protection of national
be brought promptly before a judge or other officer security (para 3).
authorized by law to exercise judicial power and shall be Each person has the right to freedom of association with
entitled to trial within a reasonable time or to release others, including the right to form and join trade unions for
(Article 9, para 3): the protection of his interests (Article 22, para. 1). It also
3. Anyone who is deprived of his liberty by arrest or holds that each person has the night and opportunity to
detention shall be entitled to take proceedings before a (Article 26):
court, in order that that court may decide without delay 1. Take part in the conduct of public affairs, either directly
on the lawfulness of his detention and order his release or through freely chosen representatives;
if the detention is not lawful (Article 9, para 4); and 2. Vote and be elected at genuine periodic elections; and
4. Anyone who has been the victim of unlawful arrest or 3. Have access to public service in his c country.
detention shall have an enforceable right to Furthermore, everyone has the right to freedom of thought,
compensation (Article 9, para 5). conscience, and religion, which includes freedom to have or
In addition to this the Article 14 of ICCPR, lays down to adopt a religion or belief of his choice, and freedom,
come rights of person charged with a criminal offense either individually or in community with others and in public
which includes the following: or private, to manifest his religion ar belief in worship,
1. To be informed promptly and in detail in a language observance, practice, and teaching (Article 18, para 1).
which he understands of the nature and cause of the And, no one shall be subject to coercion which would impair
charge against him; his freedom to have or to adopt a religion or belief of his
2. To have adequate time and facilities for the choice (para2), except in matters that will affect public
preparation of his defense and to communicate with safety, order, health, or morals or the fundamental rights
counsel of his own choosing; and freedoms of others (para. 3). While persons belonging
3. To be tried without undue delay; to ethnic, religious, or linguistic minorities, shall not be
4. To be tried in his presence, and to defend himself in denied the right, in community with the other members of
person or through legal assistance of his own choosing; their group, to enjoy their own culture, to profess and
to be informed, if he does not have legal assistance, of practice their own religion, or to use their own language
this right; and to have legal assistance assigned to him, (Article 27).
in any case where the interests of justice so require, and Human Rights Committee
without payment by him in any such case if he does not The Human Rights Committee is the body of independent
have sufficient means to pay for it: experts that monitors implementation of the International
5. To examine, or have examined, the witnesses against Covenant Civil and Political Rights by its State parties. It is
him and to obtain the attendance and examination of composed of 18 independent experts with recognized
witnesses on his behalf under the same conditions as competence in the field of human on rights. Committee
witnesses against him: members are elected for a term of four years and must be
6. To have the free assistance of an interpreter if he from countries that have ratified the Covenant.
cannot understand or speak the language used in court; All States parties are obliged to submit regular reports to
and the Committe on how the rights are being implemented.
7. Not to be compelled to testify against himself or to States must report initially year after acceding to the
confess guilt. Covenant and then whenever the Committer requests,
Moreover, according to ICCPR, Article 10, accused usually every four years (OHCHR, 2021).
persons shall save in exceptional circumstances, be Four Monitoring Functions of the Committee
segregated from convicted persons and shall be subject The Human Rights Committee's task is to supervise and
to separate treatment appropriate to their status at monitor the implementation of Covenant obligations by
unconvinced persons; and accused juvenile persons States parties. In carrying out its monitoring and
shall be separated from adults and brought as speedily supervisory functions, the four major responsibilities of the
as possible for adjudication. committee are :
Rights to Privacy, Home and Family Life 1. The Committee receives and examines reports from the
States parties on the steps they have taken to give effect
The ICCPR holds that each person has the right to liberty to the rights spelled out in the Covenant;
of movement and freedom to choose his residence 2. The Committee elaborates so-called general comments,
(Article 12, para. 1); free to leave any country, including which are designed to assist States parties to give effect to
his own (Article 12, Sec. 2) and re-enter his own country the provisions of the Covenant by providing greater detail
(para 3). regarding the substantive and procedural obligations of
It viewed the family as the natural and fundamental States parties;
group unit of society and is entitled to protection by 3. The Committee receives and considers individual
society and the State (Article 23, para 1). It also complaints, also known as "communications", under the
recognizes the right of men and women of marriageable Optional Protocol made by individuals who claim violations
age to marry and to found a family, and no marriage of their Covenant rights by a State party; and
shall be entered into without the free and full consent of 4. The Committee has jurisdiction to consider certain
the intending spouses (para 2-3) Additionally, the complaints made by a State party that another State party
government has the responsibility to take appropriate is not abiding by the obligations assumed under
steps to ensure equality of rights and responsibilities of Social Security and Protection of the Family
spouses a to marriage, during marriage, and at its ICESCR recognizes the right of everyone to social security,
dissolution. In the case c dissolution, the provision shall including social insurance (Article 9). The widest possible
be made for the necessary protection c any children. protection and assistance should be given to the family
(para 4) (Article 10), which is the natural and fundamental group
Freedom of Thought, Religion, and Expression unit of society, for its establishment and for the care and
The ICCPR upholds the idea that everyone shall have the education of dependent children. Marriage must be entered
right to hold opinions without interference (ICCPR, into with the free consent of the intending spouses. Special
Article 19, para.1). freedom of expression includes protection should be given to mothers during a reasonable
freedom to seek, receive and impart information and period before and after childbirth. During such a period
ideas of all kinds, regardless of frontiers, either orally, in

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working mothers should be accorded paid leave or leave The Committee on Economic, Social, and Cultural
with adequate social security benefits (Article 10, para 2). Rights (CESCR) is the body of independent experts
that monitors the implementation of the International
Moreover, it also voices out that children and young Covenant on Economic, Social and Cultural Rights by
persons should be protected from economic and social its States parties. The Committee was established
exploitation; that their employment in work harmful to under ECOSOC Resolution 1985/17 of 28 May 1985
their morals or health or dangerous to life or likely to (OHCHR, 2021). This is to carry out the monitoring
hamper their normal development should be punishable functions assigned to the United Nations Economic
by law. Thus, the States should set age limits below and Social Council (ECOSOC). The Committee
which the paid employment of child labor should be examines States Parties' reports, comments, and
prohibited and punishable by law (para 3). recommendations regarding the implementation and
Adequate Standard of Living revision to the ICESCR and organizes reports and
ICESCR recognizes the right of everyone to an adequate provides recommendations related to the Covenant to
St of living for himself and his family, including adequate ECOSOC.147
food, clothing and housing, and to the continuous CESCR's secretariat is composed of one Chairperson, three
improvement of living condition In relation to this, the Vice Chairpersons, and a Rapporteur. The Chairperson is in
state has the following duties (Article 11): charge of nominating the pre-sessional working group
to ensure the realization of the right to an adequate members, as well as inviting States Parties' questions and
standard of living, recognizing the essential importance comments during the consideration of reports. It is an
of international cooperation based on free consent; expert body that operates under its autonomous
2. To improve methods of production, conservation, and governance and budget under the auspices of ECOSOC,
distribution of food by making full use of technical and with members serving in a personal capacity instead of
scientific knowledge; and representing their country of nationality.23 The Committee
1. to ensure an equitable distribution of world food supplies meets twice each year for a period of up to three weeks in
in relation to need. Geneva (OHCF , 2021)
Its responsibilities are as follows:
Highest Attainable Standard of Health
ICESCR acknowledges the right of everyone to the 1. Submitting reports on initiatives taken and progress
enjoyment of the ghest attainable standard of physical achieved in the implementation of the Covenant to
and mental health (Article 12). These include the ECOSOC;
following: The provision for the reduction of the stillbirth 2. Making recommendations or providing assistance to the
rate andof infant mortality and for the healthy Council when obstacles against the fulfillment of the
development of the child; The improvement of all ICESCR arise;
aspects of environmental and industrial hygiene; 2. 3. Making suggestions and recommendations to States
3.The prevention, treatment, and control of epidemic, Parties and special agencies that do work related to the
endemic, occupational and other diseases; ICESCR.
4. The creation of conditions that would assure all Optional Protocol to the International Covenant on
medical services and medical attention in the event of Economic, Social and Cultural Rights
sickness. The Optional Protocol to the International Covenant on
Education Economic, Social and Cultural Rights (ICESCR - OP) adopted
ICESCR agrees that education shall be directed to the by the General Assembly in 2008.148 It provides to the
full development of the human personality and the sense victims of economic, social, and cultural rights violations
of its dignity, and shall strengthen the respect for human who are not able to get an effective remedy in their
rights and fundamental freedoms (Article 13 para 1). domestic legal system with an avenue for redress (CESR,
Education enables all persons to participate effectively in n.d.). It also provides for an inquiry procedure, which will
a free society, promote understanding, tolerance, and allow the Committee to initiate an investigation if it receives
friendship among all nations and all racial, ethnic, or allegations of grave or systematic violations of the ICESCR
religious groups, and further the activities of the United albeit this is subject to an opt-in clause by governments.
Nations for the maintenance of peace. Communications may be submitted by or on behalf of
In achieving the full realization of this right to education individuals or groups of individuals with their consent,
the following must be met (para 2): under the jurisdiction of a State Party, claiming to be victims
1. Primary education shall be compulsory and available of a violation of any of the economic, social and cultural
free to all; rights set forth in the Covenant by that State Party (ICESCR
2. Secondary education in its different forms, including OP, Article 2). The Committee shall not consider a
technical and vocational secondary education, shall be communication unless it has ascertained that all available
made generally available and accessible to all; 3. Higher domestic remedies have been exhausted, and shall declare
education shall be made equally accessible to all; a communication inadmissible when (Article 3):
4. Fundamental education shall be encouraged or 1. It is not submitted within one year after the exhaustion
intensified as far as possible: and of domestic remedies;
5. The development of a system of schools at all levels 2. The facts that are the subject of the communication
shall be actively pursued, an adequate fellowship system occurred prior the enforcement of the ICESCR R – OP
shall be established, and the material conditions of 3. The same issue has already been examined by the
teaching staff shall be continuously improved. Committee or has been or is being examined under another
Cultural Rights procedure of international investigation or settlement; .
ICESCR promotes the cultural rights of each person, in 4. It is incompatible with the provisions of the ICESCR R-
Article is it states that everyone is free to take part in overline OP
cultural life and enjoy the benefits of scientific progress 5. It is manifestly ill-founded, not sufficiently substantiated
and its applications. It also promulgates the idea that or exclusively based on reports disseminated by mass
authors, artists, and scientists have the right to have media;
their works protected and they have a right to benefit 6. It is an abuse of the right to submit a communication;
from their creative efforts. Hence the state has the and
responsibility to respect the freedom indispensable for 7. It is anonymous or not in writing.
scientific research and creative activity (para 3); and After receiving and admitting the communication sent
help in the conservation, the development, and the by a victim, the Committee will conduct closed
diffusion of science and culture (para 2). meetings for the purpose of examining the
Committee on Economic, Social and Cultural communications and ask for relevant information from
Rights the States Parties concerned (Article 8). Once the

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examination is completed, a report will be written by 3. to have access to resources needed for a decent
CESCR to either confine the reports of the States standard of living.
Parties concerned if it does not violate the Covenant Human development is about providing people with
or to express the Committee's concerns and provide opportunities, not insisting that they make use of them.
further guidelines for future improvement if the No one can guarantee human happiness, and the choices
concern is valid (Article 9). people make are their own concerns. It creates an
United Nations Development Programme environment for people, individually and collectively, to
United Nations Development Programme (UNDP), is a develop to their full potential and to have a reasonable
United Nations (UN) organization formed in 1965 to help chance of leading productive and creative lives that they
countries eliminate poverty and achieve sustainable value (UNDP. (021)
human development, an approach to economic growth Human Development Index (HDI)
that emphasizes improving the quality of life of all The Human Development Index (HDI) was created to
citizens while conserving the environment and natural emphasize that people and their capabilities should be the
resource for future generations. It is the UN's global ultimate criteria for assessing the development of a
development network advocating for change and country, not economic growth alone. These were devised
connecting countries to knowledge, experience and and launched by Pakistani economist Mahbub ul Hag in
resources to help people build a better life. ¹50 UNDP 1990, and had the purpose of shifting the focus of
has its headquarters in New York City. development economics from national income accounting
The UNDP administers aid through five-year Country to people-centered policies. Haq believed that a simple
Programmes, which fund projects aimed at attracting composite measure of human development was needed
investment capital, training skilled employees, and to convince the public, academics, and politicians that
implementing modern technologies. It also makes they can and should evaluate development not only by
experts available to help developing countries increase economic advances but also improvements in human
their capacity for good governance through building well-being.
political and legal institutions thatare equitable, It is a summary measure of average achievement in key
responsive, and open to public participation and to dimensions of human development: a long and healthy
expand the private sector of their economies in order to life, being knowledgeable and having a decent standard
provide more jobs. Currently, its programs focus on of living (UNDP, 2021). The health dimension is assessed
reducing poverty, developing strategies to treat and by life expectancy at birth, the education dimension is
combat the spread of HIV-AIDS, promoting measured by means of years of schooling for adults aged
environmentally sound energy and economic policies, 25 years and more and expected years of schooling for
and expanding communications and technology children of school entering age.
infrastructure (Mingst, 2018). Inequality-Adjusted Human Development Index
Three Main Focus Areas (UNDP, 2021) The Inequality-adjusted Human Development Index
(IHDI) adjusts the Human Development Index (HDI) for
1. Sustainable development; inequality in the distribution of each dimension across the
population (HDRO, 2021). It combines a country's
2. Democratic governance and peacebuilding; and average achievements in health, education and income
with how those achievements are distributed among a
3. Climate and disaster resilience. country's population by "discounting" each dimension's
average value according to its level of inequality, 154
Human Development Report International Humanitarian Law
Human Development Report (HDR) is the UNDP's The International Humanitarian Law (IHL) is a set of rules
flagship independent publication. In 1990 UNDP which seek, for humanitarian reasons, to limit the effects
published the first Human development report. It was of armed conflict.55 It protects persons who are not or
launched by the Pakistani economist Mahbub ul Haq and are no longer participating in the hostilities and restricts
Indian Nobel laureate Amartya Sen, with the single goal the means and methods of warfare (ICRC, 200 4 ) .
of putting people back at the center of the development International humanitarian law is also known as the law
process in terms of economic debate, policy and of war or the law of armed conflict.
advocacy. Bringing about development of the people, by IHL is a prime example of an international law", which is
the people, and for the people, and emphasizing that the the body of rules governing relations between States.is
goals of development are choices and freedoms. International law is contained in agreements between
The reports, produced by the Human Development States in a form of treaties or conventions, in customary
Report Office for the United Nations Development rules, which consist of State practice considered by them
Programme (UNDP), are ensure editorial independence as legally binding, and in general principles (ICRC 2004)
by the United Nations General Assembly. Indeed they Classification of Armed Conflict
are seen as reports to UNDP, not of UNDP. This allows An armed conflict arises whenever there is fighting
each report greater freedom to explore ideas and between States or protracted armed violence between
constructively challenge policies (UNDP, 2021). government authorities and organized armed groups or
Human Development Approach just between organized armed groups. According to ICRC
The Human Development Approach was introduced by there are two kinds of armed conflict, they are:
the first HDR. It is an approach that is focused on people International Armed Conflict
and their opportunities and choices. It is about International armed conflicts are those in which at least
expanding the richness of human life, rather than simply two States are involved (ICRC, 2004). It arises when one
the richness of the economy in which human beings live State uses armed force against another State or States.
(UNDP, 2021). It also applies to all cases of total or partial military
Human development viewed income growth as a means occupation, even if the occupation meets with no armed
to development, rather than an end in itself. It focuses resistance. An international armed conflict has ended,
on improving the lives people lead, rather than assuming once active hostilities or territorial occupation have
that economic growth will lead, automatically, to greater ceased. POWs still held by the parties nevertheless remain
wellbeing for all. It is about giving people more freedom under the protection of the law until their imate release.
to live lives they value, and developing people's abilities, 2002,p.10)
and giving them a chance to use them. Three Non-international Armed Conflict
foundations for human development are: Non-international armed conflicts are those restricted
1. to live a long, healthy, and creative life, to the territory of a single State, involving either
2. to be knowledgeable, and regular armed forces fighting of armed dissidents, or
armed groups fighting each other and do at involve

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 the armed forces of any other State (ICRC , 2004). It certain categories of vulnerable persons in an armed
is also groups known as internal armed conflicts. One conflict. The First Geneva Convention protects
example is the use of the State's armed forces against wounded and sick soldiers on land during war (TCRC,
dissident, rebel or insurgent groups. Another is two ar 2014); the Second Geneva Convention protects
more armed groups fighting within a State, but not wounded, sick and shipwrecked military personnel at
necessarily with the involvement of government sea during war (ICRC, 2014); the Third Geneva
troops (ICRC , 2002,p,10) . Convention calls for the protection of the prisoners of
Basic Rules of International Humanitarian Law war (ICRC, 2014); and the Fourth Geneva
In order to summarize the essence of International Convention protects civilians, including those in
Humanitarian w the International Committee of the Red occupied territory. It is important to note that the Fourth
Cross (ICRC) drawn up these rules Geneva Convention is particularly relevant to
humanitarian protection and assistance. It was
1 Attacks may be made only against military objectives. established to prevent in future conflicts the scale of
People who do not or can no longer take part in the civilian suffering experienced during the two World
hostilities are entitled to respect for their lives and for Wars (Hader, 2013, .15) .
their physical and mental integrity. Such people must in The two branches of law covered in the Hague and
all circumstances be protected and treated with Geneva Conventions are further developed by the first
humanity, without any unfavorable distinction; two Protocols Additional to the Geneva Conventions on
2. It is forbidden to kill or wound an opponent who the protection of civilians (1977) (Hader, 2013, p,16) .
surrenders or who can no longer take part in the These are referred to as Additional Protocol I,
fighting; governing international armed conflict particularly that
of wars of national liberation, and Additional Protocol
3. It is forbidden to use weapons or methods of warfare II, governing non-international armed conflict
that are likely to cause unnecessary losses or excessive (Crawford, and Pert, 2020,p.18) .
suffering. International Custom
Based on the study made by ICRC, the majority of rules
4. Medical personnel and medical establishments, enshrined in treaty law have received widespread
transports and equipment must be spared. The wounded acceptance and have had a far reaching effect on
and sick must be collected and cared for by the party to practice. Thus it has the force of customary law. Some
the conflict which has them in its power; provisions in the Hague and Geneva Conventions were
reflections of existing customary law, whereas others
5. The red cross or red crescent on a white background have developed into customary law (Hader, 2013, p.
is the distinctive sign indicating that such persons and 15). The application of customary international law is
objects must be respected; and particularly significant for non-international armed
6. Captured hate and civilians must be protected against conflicts, as treaty law has remained limited in this area
all acts of violenes, they are entitled to respect for their (Hader, 013,p.16)
lives, their dignity, their personal rights and their International Committee of the Red Cross
political, religious and other convictions. The International Committee for the Red Cross (ICRC)
FOUR PRINCIPLE OF INTERNATIONAL is a unique situation based in Switzerland, which has a
HUMANITARIAN LAW mandate to protect the victims of international and
The Principle of Humanity internal armed conflicts. It was created 1863. The ICRC
The Principle of Humanity is at the heart of International is an independent, neutral organization ensuring
Humanitarian Law (Thürer, 2011, p. 66). It forbids the humanitarian protection and assistance for victims of
infliction of all suffering, injury or destruction not war and armed indolence. It also takes action in
necessary for achieving the legitimate purpose of a response to emergencies and promotes respect for
conflict. It calls for the respect of human dignity and it international humanitarian law and its implementation a
intends to protect a person from the outrages upon their national law. The work of the ICRC is founded on the
personal dignity whether it is carried out by unlawfully Geneva Conventions of 1949, their Additional Protocols,
attacking the body or humiliating or debasing the its Statutes, those of e International Red Cross and Red
nonour, the self respect, or the mental well being of a Crescent Movement and the solutions of the
person(Thürer, 2011, p. 67). Thus, those who are out of International Conferences of the Red Cross and Red
action, such as surrendering combatants, air crew Crescent (ICRC, 2021).
parachuting from downed aircraft, the wounded, sick The core tasks of the committee, which are derived from
and shipwrecked, prisoners of war and other captives the Geneva Conventions and its own statutes are (ICRC,
and detainees, must be identified as such and treated 2021):
humanely (ICRC, 2002, p. 14). 1. to supervise the treatment of prisoners of war and
The Principle of Military Necessity make confidential interventions with detaining
The Principle of Military Necessity entails that violence is authorities;
permitted only when justified by military necessity. A 2. to monitor compliance of warring parties with the
party in a conflict is entitled to do whatever is necessary Geneva Conventions;
to defeat an enemy or to win a war (Thürer, 2011, p. 3. to organize nursing and care for those who are
68). It permits only that degree and kind of force wounded on the battlefield;
required to achieve the legitimate purpose of a conflict, 4. to act as a neutral intermediary between warring
for instance; the complete or partial submission of the parties.
enemy at the earliest possible moment with the 5. to organize protection and care for civil populations;
minimum expenditure of life and resources (ICRC, and
2015). It is also the prohibition of superfluous injury and 6. to help with the search for missing persons in an
unnecessary suffering. Moreover, in any armed conflict, armed conflict.
the right of the parties involved to choose methods and The 7 Fundamental Principles of the
means of warfare is not unlimited. International Committee of the Red Cross
SOURCES OF INTERNATIONAL HUMANITARIAN The fundamental principles that guides the
LAW operational and institutional framework of the
International Convention International Committee of the Red Cross CRC) is in
The two main treaty sources of IHL are the Hague congruence to the guiding principles of the Red
Convention (907), that sets out restrictions on the Cross and Red Crescent Movement. These same
means and methods of warfare, and the four Geneva principles unite the components of the Movement;
Conventions (1949), that provides protection to the ICRC, the National Societies and the

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 International Federation: and are key to its distinct Principle of Independence holds that, it is not
identity. permissible for an outside power to influence or
The 7 Fundamental Principles of the International cause humanitarian actors to deviate from his or her
Committee of the Red Cross are as follows: ideals (Sutton, 2021, p.37) . Moreover, ICRC should
be permitted to conduct independent assessments
Humanity and to talk freely with people in need of assistance
The ICRC, is created based from a desire to bring (ICRC,2O15) .
assistance without discrimination to the wounded on Voluntary Service
the battlefield (ICRC, 2016). It is the need to act in The principle of voluntary service epitomizes the
order to prevent and alleviate human suffering. It is humanitarian motivation of all the people who work within
also known as Humanitarian Imperative." It calls the ICRC, whether or not they are paid for it(ICRC 2015).
for the respect for human dignity and helping people, ICRC is not prompted in any manner by desire for gain. It
regardless of who and where they are. Its purpose is has no other motive for offering assistance other than a
to protect life and health and to ensure respect for the desire to help. It is a source of initiative for many other
human being. It promotes mutual understanding, humanitarian endeavors; at the same time, it provides
friendship, cooperation and lasting peace amongst all invaluable information about local contexts and the most
peoples. appropriate way to help people in need (ICRC, 2015). It is
This principle is rooted from this three key ideas : both a source of inspiration and a statement of solidarity
a. Suffering is universal and requires a response, thus, it within the ICRC.
must not be met with indifference ( C, 2015) . Unity
; According to the Statutes of the International Red Cross
b. Respect for human dignity is paramount in everything and Red Crescent Movement (2006), There can be only one
Red Cross or one Red Crescent Society in any one country,
the ICRC does. It implies helping and protecting others
and it must be open to all. This principle enables ICRC to
regardless of who they are or what they have done
serve as a unifying force in countries and communities, and
(ICRC, 2015) ;
to promote understanding and peace (ICRC,2015). It also
c. . The ICRC protects life and health by promoting ensures that ICRC can work efficiently, since it avoids any
international humanitarian law, preventing disaster risk of confusion in the public mind and means all people
and disease, and undertaking life-saving activities, and communities are represented by one organization
from first aid to the provision of food and shelter (IFRC, 2006). Moreover, ICRO must recruit volunteers and
(ICRC, 2015). staff, and members of its governing board. from all ethnic
and social groups without discriminating on the basis of
Impartiality race, gender, class, religion, political opinion or any other
The ICRC, aims to relieve the suffering of individuals, criterion (ICRC, 2015) .
being guided solely by their needs, and to give priority Universality
to the most urgent cases of stress; and not of Since, the universality of suffering requires a universal
nationality, race, religious beliefs, class or political response, thus National Societies (ICRC) exist in almost
pinions (ICRC, 2015). Non-discrimination is one of the every country in the world. They have a collective duty to
most important aspects of protecting human beings in support one another in responding to crises or issues, and
humanitarian law (IFRC, 2006). takes clear that no to assist each other's development in a spirit of solidarity
group of people will be denied services or receive and mutual respect (ICRC,2015). This principle entails that,
referential treatment based on anything other than CRC and other National Societies have equal status and
their needs (Sutton, 21, p.37) . share equal responsibilities and duties in helping each other
The principle of impartiality embodies three related worldwide ( C,2016) Furthermore, the principle of
concepts CRC, 2015): universality also means that the failings or omissions of one
a. Non-discrimination- ICRC help people regardless of component affect the entire Movement.
their religious beliefs, the colour of their skin, their International Human Rights Law
origin, or whether they are rich or poor (ICRC, 2015) . International Human Rights Law (IHRL) is a set of
b. Proportionality- ICRC ensures that those in greatest international rules, established by treaty or custom, on the
need receive assistance first, whether treating the basis of which individuals and groups can expect and / o *
wounded or distributing food (ICRC, 2015). r claim certain rights that must be respected and protected
c. . Impartiality: personal considerations or feelings must by their States. It outlines the obligations and duties of
not influence decision making but it must be made on states to respect, to protect and to fulfil human rights. It
a "needs only" basis (ICRC, 2015) . enables individuals and groups to claim certain behavior or
benefits from the government (Hader, 013,p.19-20) .
Neutrality IHRL's main treaty sources are the International Covenants
Either in its speech or actions at any time or place, on Civil and Political Rights and on Economic, Social and
ICRC must not take sides, or be regarded as doing so. Cultural Rights (1966) both were discussed in Chapter V).
Neutrality ensures the Movement has the confidence Other sources include:
of all and can provide humanitarian support to all IFRC, Convention on the Prevention and Punishment of
2006). ICRC must reckon with politics without the Crime of Genocide (1948)
becoming part of it (Sutton, 2021, p.37) . The Convention on the Prevention and Punishment of the
Neutrality enables its components to reach people who Crime of Genocide (CG) is the first legal instrument that
need help in crises and to maintain a dialogue with label genocide as a time. It was adopted in 1948 in
those involved in armed conflict and other violence. response to the atrocities committed during World War II
This also helps assure parties to a conflict that and followed G.A. Res. 180(11) of 21 December 1947
assisting civilians and wounded or detained fighters According to the Cointervention on Genocide ( 0, 19481
does not constitute interference in the conflict (ICRC, Genocide means any of the following acts committed with
2015) . intent to destroy, in whole or in part, a national, ethnical,
Independence racial or religious group, such as (CG, 1948, Article 2):
ICRC's action must be independent from any political, a. Killing members of the group;
financial, or military pressures. ICRC needs to resist b. Causing serious bodily or mental harm to members of the
any interference. It is only by being truly independent group;
that the ICRC can respect the principles of neutrality c. Deliberately inflicting on the group conditions of life
and impartiality (ICRC, 2015). calculated to bring about its physical destruction in whole
or in part;

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 d. Imposing measures intended to prevent births • Temporary special measures aimed at accelerating
within the group; and equality between men and women shall not be
e, Forcibly transferring children of the group to considered discrimination (Article 4, para 1); and
another group protecting maternity shall not be considered
The article three of the convention lays out acts that are discriminatory (Para 2);
punishable
• The modification of stereotyped roles for men and
a. Genocide;
women in the society (Article 5):
b. Conspiracy to commit genocide;
d. Attempt to commit genocide; and
e. Complicity in genocide. • Eradication and abolition of prostitution and other
Convention on the Elimination of All Forms of forms of trafficking of woman (Article 6): Political
Racial Discrimination (1965) rights of women; both the right to vote and to be
The Convention on the Elimination of All Forms of Racial • eligible for election (Article 7);
Discrimination (ICERD) was adopted and opened for • Equal representation of man and woman in the
signature by the United Nations General Assembly on 21 government
December 1965. It is the only international legal • and in international organization (Article 8);
instrument specifically addressing comprehensive issues Women rights to change or retain their nationality
of racial discrimination. It established an expert body of (Article 9):
18 independent experts responsible for monitoring the
• Women rights to education (Article 10); Right to
implementation of the Convention's provisions. The
work for women (Article 11);
Committee on the Elimination of Racial
Discrimination (CERD) is the body of independent • Women's right to Health care services including
experts that monitors implementation of the Convention family planning (Article 12);
on the Elimination of All Forms of Racial • The elimination of the discrimination against
Discrimination by its State parties.180 women in other areas of economic and social life
Convention on the Elimination of All Forms of and the promotion of the women's rights to family
Discrimination against Women ( 1979) benefits, to bank loans, mortgages and other
forms of credit (Article 13);
The Convention on the Elimination of all Forms of • The right of women to participate in development
Discrimination Against Women (CEDAW) is an programs
international treaty adopted in 1979 by the United • and to enjoy adequate living conditions. (Article
Nations General Assembly. The Committee on the
14);
Elimination of Discrimination against Women
• Women equality with men before the law (Article
(CEDAW) is the body of independent experts that
monitors implementation of the Convention on the 15); and
Elimination of All Forms of Discrimination against • Women's right to marriage and family relations
Women. This committee consists of 23 experts on (Article 16).
women's rights from around the world.
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
The convention establishes an International bill of rights
(1984)
for women Article 1 defines discrimination against n^ 18
The Convention against Torture and Other Cruel, Inhuman
4 as any distinction, exclusion or restriction made on the
r Degrading Treatment or Punishment (CAT) (the "Torture
basis of sex which as the effect or purpose of impairing
Convention was adopted by the General Assembly of the
or nullifying the recognition, enjoyment or exercise by
United Nationson10 December 1984 (resolution 39/46). lt
women, irrespective of their marital status, on basis of
is an international human rights treaty under the United
equality of men and women, of human rights and
Nations. Its main purpose is to prevent and eradicate the
fundamental freedoms in the political, economic, social,
use of torture and other cruel, inhuman or degrading
cultural, civil or any other field [CEDAW,] 1979, Article
treatment or punishment and to ensure accountability for
1).
acts of torture. The Committee Against Torture (CAT)
It also assigned a task to the state or the government to
is the body of io independent experts that monitors the
condemn discrimination against women in all its forms,
implementation of the Convention against Torture and
agree to pursue by all appropriate means and without
Other Cruel. Inhuman or Degrading Treatment or
delay a policy of eliminating discrimination against
Punishment by its State parties. The convention defined
women (Article 2) this obligation of the state further
Torture as
includes:
"any act by which severe pain or suffering, whether physical
1. Embodiment of the principle of the equality of men
or mental, is intentionally inflicted on a person for such
and women:
purposes as obtaining from him or a third person
2. Adoption of appropriate legislative and other
information or a confession, punishing him for an act he or
measures, including sanctions where appropriate,
a third person has committed or is suspected of having
prohibiting all discrimination against women;
committed, or intimidating or coercing him or a third
3. Establishment of legal protection of the rights of
person, or for any reason based on discrimination of any
women on an equal basis with men;
kind, when such pain or suffering is inflicted by or at the
4. Refraining from engaging in any act or practice of
instigation of or with the consent or acquiescence of a
discrimination against women and to ensure that public
public official or other person acting in an official
authorities and institutions shall act in conformity with
capacity.."(CAT, 1984, Article 1, para 1).
this obligation;
CAT obliges States to take all necessary legislative,
5. Elimination of discrimination against women by any
administrative, judicial and other appropriate measures to
person, organization or enterprise;
prevent acts of torture and specifies a range of additional
6, Modification or abolition of existing laws, regulations,
steps that States must take to adequately prevent, prohibit
customs and practices which constitute discrimination
and redress torture and guarantee non-recurrences, This
against women; and
includes:
7. Repealing of all national penal provisions which
•An obligation not to extradite, deport, expel or otherwise
constitute discrimination against women.
transfer a person to a State where they would be at risk of
The CEDAW calls for the following:
torture or i11-tr treatment (Article 3);
• Equality among men and women (Article 3);
•The criminalization of Torture (Article 4);

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•Establishing universal jurisdiction over torture • Frontier Worker- This refers to a migrant worker
(Articles 5-9) . who retains his or her habitual residence in a
•Training officials (Article 10, para 1), and systematic neighboring State to which he or she normally returns
reviewing detention procedures (Articles 11). every day or at least once a week;
•Ensuring remedies for victims of torture, including • Seasonal Worker- This refers to a migrant worker
the right to complain (Article 13) and the right to
whose work by its character is dependent on seasonal
redress (Articles 14, para 1).
conditions and is performed only during part of the
•Ensuring that torture evidence is not used in any
year;
proceedings (Article 15).
Convention on the Rights of the Child (1989) • Seafarer- This includes a fisherman, refers to a
The United Nations Convention on the Rights of the Child migrant worker employed on board a vessel registered
(CRC) was adopted in 1989. It is the most widely ratified in a State of which he or she is not a national;
human rights treaty history. The Committee on the • Worker on an Offshore Installation- This refers
Rights of the Child (CRC) is the body of 18 independent to a migrant worker employed on an offshore
experts that monitors implementation of the Convention installation that is under the jurisdiction of a State of
on the Rights of the Child by its State parties. which he or she is not a national;
The convention is based on the idea that children are • Itinerant Worker- This refers to a migrant worker
not just objects who belong to their parents and for who, having his or her habitual residence in one State,
whom decisions are made, or adults in training. Rather, has to travel to another State or States for short
they are human beings and individuals with their own
periods, owing to the nature of his or her occupation;
rights - k embodies the idea that every child should be
• Project-tied Worker- This refers to a migrant
recognised, respected and protected as a rights holder
and as a unique and valuable human being. It applies to worker admitted to a State of employment for a
all persons under the age of 18 (Lievens, n.d.). defined period to work solely on a specific project
The convention defined a child as every human being being carried out in that State by his or her employer;
below the age of eighteen years (CRC, 1989, Article 1). • Specified-employment Worker- This refers to a
It gives states an obligation to respect and ensure the migrant worker:
rights of a child, without any discrimination (Article 2,
Para il, and to take all appropriate measures to ensure Who has been sent by his or her employer for a restricted
that the child is protected against all forms of and defined period of time to a State of employment to
discrimination or punishment (para 2), undertake a specific assignment or duty; or
Pour central principles that underpin the implementation Who engages for a restricted and defined period of time in
of all the rights in the CRC (Lievens, n.d.): work that requires professional, commercial, technical or
1. Non-discrimination the rights of all children should be other highly specialized skill; or
ensured without discrimination of any kind (Article 1); Who, upon the request of his or her employer in the State
2. The best interests of the child- the decisions or actions of employment, engages for a restricted and defined period
are taken that affect children, the best interests of the of time in work whose nature is transitory or brief; and who
child must be a primary consideration ( article 3 ) ; is required to depart from the State of employment either
3. Right to life and development of the child- Every child at the expiration of his or her authorized period of stay, or
needs to develop in an optimal way physically, mentally, earlier if he or she no longer undertakes that specific
spiritually, morally, and socially (Article 27); and assignment or duty or engages in that work;
4.Right to be heard- children should be able to express • Self-employed Worker- This refers to a migrant
their views freely in all matters affecting them (Article worker who is engaged in a remunerated activity
13-14) , to participate in all decision-making processes otherwise than under a contract of employment
related to their lives, and to exert influence over such and who earns his or her living through this
decisions in accordance with their age and maturity. activity normally working alone or together with
International Convention on the Protection of the members of his or her family.
Rights of All Migrant Workers and Members of
their Families (1999) The ICMW defined members of the family as, referring
The International Convention on the Protection of the to persons married to migrant workers or having with them
Rights of All Migrant Workers and Members of Their a relationship that produces effects equivalent to marriage,
Families (ICMW) is a United Nations multilateral treaty as well as their dependent children and other dependent
governing the protection of migrant workers and persons (Article 4).
families. It is the first universal codification of the rights The Convention aims at guaranteeing equality of treatment
of migrant workers and members of their families and non-discrimination with respect to rights (Article 7).
(International Catholic Migration Commission (ICMC], These are some of the rights of migrant workers and their
2006 ,p.52) . It was adopted on 18 December 1990 by families that are being recognized in the ICMW:
the General Assembly of the United Nations. The Right at any time to enter and remain in their State of
Committee on the Protection of the Rights of All origin, and freedom to leave and stay in any state (Article
Migrant Workers and Members of Their Families 8):
(CMW) is the body of independent experts that • . Right to life (Article 9);
monitors implementation of the International • . Protection against torture or to cruel, inhuman or
Convention on the Protection of the Rights of All Migrant degrading treatment or punishment (Article 10);
Workers and Members of Their Families by its State • . Protection against Slavery (Article 11, Para 1),
parties.94 and forced or compulsory labour (para 2);
The vulnerability in which migrant workers and members
of their families frequently find themselves outside of
• Right to freedom of thought, conscience, religion
their State of origin and
at all stages of the migration process is a key factor in (Article 12, parai); and right to hold opinions
the creation d ICMW (ICMC, 2006, p.57) . The without interference(Article 13, para 1), adn
convention defined Migrant Workers as, a person who is expression (para 2):
to be engaged, is engaged, or has been engaged in •
remunerated activity in a State of which he or she is not • Protection against arbitrary or unlawful
a national (ICMW 1999, Article 2, para 1). It also interference with his or her privacy, family..
discussed types of migrant workers, which as follows correspondence or other communications, or to
(para2):

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unlawful attacks on his or her honour and reputation 7. Enhanced consultations on matters seriously affecting
(Article 14); the common interest of ASEAN;
8. Adherence to the rule of law, good governance, the
• Right to fair and adequate compensation (Article
15); principles of democracy and constitutional government;
9. Respect for fundamental freedoms, the promotion and
protection of human rights, and the promotion of social
• Right to liberty and security of person (Article 16); justice;
10. Upholding the United Nations Charter and international
• Equal protection of the law (Article 18, para 1); and law, including international humanitarian law;
11. Abstention from participation in any policy or activity,
• Right to have recourse to the protection and which threatens the sovereignty, territorial integrity or
assistance of the consular or diplomatic authorities of political and economic stability of Member States;
their State of origin (Article 23). 12. Respect for the different cultures, languages and
religions of the peoples of ASEAN;
PHILIPPINE HUMAN RIGHTS PRINCIPLES 13. The centrality of ASEAN in external political, economic,
According to Jose Diokno (1987), human rights is more social and cultural relations;
than a legal concept, they are the essence of man, deny 14. Adherence to multilateral trade rules and ASEAN's
them and you deny man's humanity,202 Filipinos give primes rules. based regimes.
highest value to the dignity and fullness of life of the The ASEAN charter also emphasizes the importance of
human person and share a common aspiration for promoting social justice by indicating as of its purpose is to
human rights, 203 Respecting human rights is the enhance the well being and livelihood of the peoples of
foundation of Filipino society. ASEAN by providing them with equitable access to
PHILIPPINE HUMAN RIGHTS AND THE ASEAN opportunities for human development, social welfare and
Association of Southeast Asian Nations justice (Article 1, section 11), and to alleviate poverty and
The Association of Southeast Asian Nations (ASEAN) is a narrow the development gap within ASEAN through mutual
regional grouping that promotes economic, political, and assistance and cooperation (Article 1, Section 6).
security cooperation among its ten members: Brunei, Furthermore, the Charter calls for the creation of an ASEAN
Cambodia, Indonesia, Laos, Malays Myanmar, the Human Rights Body (Article 14).
Philippines, Singapore, Thailand, and Vietnam.ASEAN ASEAN Intergovernmental Commission on Human
was created and established on 8 August 1967 in Rights
Bangkok, Thailand, with the signing of the ASEAN The ASEAN Intergovernmental Commission on Human
Declaration (Bangkok Declaration) by the Founding Rights. (AICHR) was inaugurated by the ASEAN Leaders on
Fathers of ASEAN, namely Indonesia, Malaysia, 23 October 2009 at the 15th ASEAN Summit in Cha-Am Hua
Philippines Singapore and Thailand. ASEAN's purpose is Hin, Thailand. The creation of it is a demonstration of the
to promote economic and cultural exchange among its commitment to pursue forward-looking strategies to
member countries, maintain peace and stability in strengthen regional cooperation on human rights.20
Southeast Asia, and establish relationships with foreign Its purpose as indicated on the Article 1 of the Terms of
powers with similar aims. ASEAN formed during the Cold Reference of AICHR ( 9o9)are^ 2og :
War t promote stability and cooperation in a politically 1. To promote and protect human rights and fundamental
turbulent region.** freedoms of the peoples of ASEAN;
Association of Southeast Asian Nations Charter 2. To uphold the right of the peoples of ASEAN to live in
Following up on ASEAN's commitment to international peace, dignity and prosperity;
diplomacy human rights, and democratic values, its 3. To contribute to the realization of the purposes of ASEAN
member countries signed the ASEAN Charter in 2007 as set out in the ASEAN Charter;
(Moon, 2020), It entered into force on S December 2008 4. To promote human rights within the regional context,
at the presence of ASEAN Foreign Ministers at the ASEAN inconsideration of the national and regional particularities
Secretariat in Jakarta (ASEA) Secretariat, 2020). It and mutual respect for different historical, cultural and
serves as a foundation in achieving the ASEAN religious backgrounds;
Community by providing its legal status and institutional 5. To enhance regional cooperation on the promotion and
mork = It also enumerates ASEAN norms rules and protection of human rights; and
values; sets clear goals for ASEAN; and presents 6. To uphold international human rights standards .
accountability and compliance. ASEAN Human Rights Declaration
The Charter also recognize the role of the ASEAN in the On 18 November 2012 the Association of Southeast Asian
promotion of human rights, as indicated on its Article 1, Nations (ASEAN) adopted the ASEAN Human Rights
one of the purpose of ASLAN is to strengthen Declaration (AHRD). Its goal is to help establish a
democracy, enhance good governance and the rule of framework for human rights cooperation in the region and
law, and to promote and protect human rights and contribute to the ASEAN community building process
fundamental f reedoms, with due regard to the rights (ASEAN Human Rights Declaration [AHRD], 2012). Its
and responsibilities of the Member States of ASEAN general principles are the following:
(Article 1, section 7} 1. All persons are born free and equal in dignity and rights;
Here are the guiding principle set by the charter to its 2. Every person is entitled to the rights and freedoms
members Article 2, Section 2): without distinction of any kind;
1. Respect for the independence, sovereignty, equality, 3. Every person has the right of recognition everywhere as
territorial integrity and national identity of all Member a person before the law;
States; 4. The rights of women, children, the elderly, persons with
2. Shared commitment and collective responsibility in disabilities, migrant workers, and vulnerable and
enhancing regional peace, security and prosperity; marginalized groups are an inalienable, integral and
3. Renunciation of aggression and of the threat or use of indivisible part of human rights and fundamental freedoms;
force or other actions in any manner inconsistent with 5. Every person has the right to an effective and
international law; enforceable remedy;
4. Reliance on peaceful settlement of disputes; 6. The enjoyment of human rights and fundamental
5. Non-interference in the internal affairs of Member freedoms must be balanced with corresponding duties as
States; every person has responsibilities to all other individuals;
6. Respect for the right to lead its national existence free 7. All human rights are universal, indivisible, interdependent
from external interference; and interrelated;

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 8. The human rights and fundamental freedoms of every d. Right against self-incrimination;
person shall be exercised with due regard to the human e. Right to humane conditions of detention; and
rights and fundamental freedoms of others; and f. Right against involuntary disappearances.
9. In the realisation of the human rights and freedoms 2. Political Rights (HPRD, 2001, para 11-15) this
contained in this Declaration, the principles of include but not limited to:
impartiality, objectivity, non-selectivity, non- a. Right to live in a democracy;
discrimination, non-confrontation and avoidance of b. Right to meaningful representation, participation and
double standards and politicisation, should always be decision-making about individual and community
upheld. concerns;
The AHRD affirmed and enumerated the civil and e. Right to information on matters involving public
political rights (AHRD, 2012, para, 10-25) as well as the interest;
economic, social and cultural rights as indicated on the d. Right to determine, participate, intervene and take
Universal Declaration of Human Rights (para 26-34). action in all matters that directly and indirectly affect
Other rights which have been raised as important for the one's welfare;
AHRD to highlight and develop further due to the e. Right to speech, press, association and peaceful
ASEAN's unique context include: assembly; f. Right to equal access to opportunities for
• Right to information on matters of public interest Right public service;
to prior consultation on programs that would cause g. Right to defy a tyrannical, oppressive and corrupt
significant impact on other rights regime by means consistent with general principles of
human rights.
3. Social and Cultural Rights (HPRD, 2001, para 16-24)
• . right to clean environment this include but not limited to:
• . Right to food a. Right to enjoy the highest standard of health;
• Right to freedom of conscience and religion b. Right to a free, accessible, relevant, nationalistic,
quality, gender and culturally sensitive education;
• Right to freedom of expression e Right to a responsive social welfare system;
d. Children's rights to special care, education, health; e.
Women's equal rights in civil, political, social, and cultural
• Rights of lesbian, gay, bisexual and transgender (LGBT) aspects of life;
persons f. Reproductive rights which includes:
i. Rights of all couples and individuals to decide freely and
Moreover, AHRD puts emphasis on the right to
responsibly the number, spacing and timing of their
development (para 35-37) . It described it as an
children.
inalienable human right by virtue of which every human
ii. Right to attain the highest standard of sexual and
person is entitled to participate in, contribute to, enjoy
reproductive health
and benefit equitably and sustainably from economic,
iii. Rights of couples in making decisions regarding
social, cultural and political development (para. 35) . It
reproduction
further states that development facilitates and is
g. The indigenous and Moro peoples have the right to
necessary for the enjoyment of all human rights, the lack
equality with all other peoples, which includes:
of development may not be invoked to justify the
violations of internationally recognized human rights.
i. Right to existence as distinct peoples free from
Lastly, AHRD calls for the cooperation of each member
assimilation;
in the promotion and protection of human rights.
ii. Right to resist development aggression;
The Human and Peoples' Rights Declaration of
iii. Right to their ancestral domain
the Philippines
h. Special protection to persons with disabilities,
The Human and Peoples' Rights Declaration of the
iii. Preferential treatment by the State of senior Citizens.
Philippines (HPRD) encapsulates the principles of human
4. Economic Rights (HPRD, 2001 , para 25-30) this
rights in the Philippines and its core values. It was
include but not limited to:
adopted in 2001, and is being used as the contribution
a. Right to a nationalistic and independent economic
of the Working Group for an ASEAN Human Rights
policy protected from foreign domination and intrusion:
Mechanism to the drafting of the ASEAN Human
Rights Declaration. b. Right to a self-reliant economy based on national
HPRD highlighted the idea that Filipinos give highest industrialization;
value to the dignity and fullness of life of the human
person and share a common aspiration for human rights c. Right to resist all forms of oppressive and
despite differences in dialects and ideologies. It
recognizes the Philippines' history of revolutionary unreasonable trade liberalization;
struggle against all forms of oppression for national
freedom, justice, equality and peace, that inspire the
Filipinos's collective spirit to become a nation proud of d. Right to equal access to employment opportunities and
its heritage and diverse culture (HPRD,2OO1 ). professional advancement; e. Right to just compensation,
HPRD asserts the fundamental, inherent and inalienable dignified and humane working environment, job security:
rights to life, dignity and development. It recognizes that
these rights are universal, interdependent and indivisible f. Right to form and join unions and organizations, to
and are essential to fulfill and satisfy civil, political,
bargain collectively, to go on strike and to actively
economic, ; cultural, spiritual and environmental needs
of a person ( RD,2001) . It enumerates the rights of each participate in political life;
Filipino and the corresponding obligation for the states
in promoting and protecting those rights. These rights g. Right to own land should be limited to Filipinos;
are divided into:
1. Civil Rights (HPRD, 2001, para 5-10) this include but h. Peasants right to own the land they till through a
not limited to: genuine agrarian reform program;
a. Right to life, liberty, security and property;
b. Right to a transparent, credible, competent and
impartial justice system; i. Fisherfolks right of access to fishing grounds;
c. Right to the security and privacy of our persons and j. Right to the judicious cultivation, utilization, and
our homes; preservation of our natural resources; and

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 Filipino citizen (Lazo ,2009,p.83) . The main purpose
k. Right to skills and livelihood training. of the Bill of Rights is to preserve democratic ideals,
to safeguard fundamental human rights, and to
promote the happiness of each individual (Muñoz,
2002,p.38) .
5. Collective Rights (HPRD, 2001, para 25-33) this Classes of Rights (Muñoz, 2002,p.39) :
include but not limited to: 1. Natural Rights. These are the rights that are innate
and inalienable pertaining to all human persons and given
a. Right to self-determination; to him by his/her Creator. Examples are rights to life, and
human dignity.
b. Right to develop ones elves as peoples, preserve 2. Constitutional Rights- these are the rights conferred
upon the individual by the Constitution and guaranteed by
the same Constitution.
his/her culture and retain national identity. c. Right to 3. Statutory Rights- these are the rights given by the
resist any form of political, economic, social or cultural laws passed by the legislative body. Example right to
domination by resorting to any legitimate means. minimum wage, 13th month pay and paternal leaves.
Divisions of Constitutional Rights (Lazo, 2009,p.85)
d. Right to a clean, safe and sustainable environment :
that supports an equitable quality of life; and 1. Political Rights- These are the rights of a citizen as
regards to his / h e r participation in the administration of
the government. Examples are rights to vote and to be
e. Right to a social order. elected to a public office.
2. Civil Rights- These are the rights to secure for the
1987 Philippine Constitution individuals their means of securing happiness.
The Constitution is a written instrument by which the 3. Social and Economic Rights- These are the rights that
fundamental powers of the government are established, guarantees an individual his right to enjoyment of his well
limited, and defined and by which these powers are being and his security in the State.
distributed among the several departments or branches 4. Rights of an Accused- these are the rights indicated
for their safe and useful exercise for the benefits of the under the bill of rights, it entails full protection of the
people. The present Constitution of the Philippines was concerned party under custodial investigation.
approved by the 1986 Constitutional Commission on PROVISIONS OF THE BILL OF RIGHTS
October 12, 1986, the 1987 Constitution of the Republic Right to Due Process
of the Philippines was presented to President Corazon C. Section 1: No person shall be deprived of life, liberty, or
Aquino on October 15, 1986. It was ratified on February property without due process of law, nor shall any person
2, 1987 by a plebiscite. It was proclaimed in force on be denied the equal protection of the laws.
February 11, 1987. It was largely patterned on the Life- this includes the right of an individual to his body in its
American Constitution which had so greatly influenced completeness, free from dismemberment, and extends to
the 1935 Constitution, but it also incorporated Roman, the use of God given faculties which makes his / h e r life
Spanish, and Anglo law. It is a peaceful change from a enjoyable.
dictatorial government to a democratic one. Liberty- the main elements of the guarantee to liberty are
The 1987 Constitution established a representative the right to contract, right to choose one's employment, and
democracy with power divided among three separate the right to movement (Muñoz, 002, p .
and independent branches of government: the Executive Property- this includes anything the right of ownership and
Department (1987 Constitution, Article VII), a be the subject of contract. It represents not only the things
Legislative department composed of a Senate and a that a person owns, but also the rights to secur, use, and
House of Representatives (Article VI), and the Judicial dispose of them (Muñoz, 102,p.39) .
Department (Article VIII). There were three The due process clause is a fundamental principle of justice
independent constitutional commissions as well(Article rather than a specific law. It exists whenever there is any
IX) the Commission on Audit (Article IX. D, Section 1), deprivation of life, liberty, and property by a state, under
the Civil Service Commission (Article IX. B, Section 1), the authority of a valid law, and after the compliance with
and the Commission on Elections (Article IX. C, Section the regular methods of procedure prescribed y law (Lazo,
1). 2009, p.85) . Therefore, before depriving a citizen of life,
Article two of the 1987 Constitution, stressed the liberty or property, the government must follow fair
importance of the maintenance of peace and order, the procedures.226 Moreover, there is due process if the law is
protection of life, liberty, and property, and the appropriately applied to the subject of the issue, that such
promotion of the general welfare are essential for the execution is reasonably fair, and not arbitrarily done. It
enjoyment by all the people (Article II, section 5). It also hears before it condemns, which proceeds upon inquiry,
highlighted the government's adherence to the policy of and renders judgement only after trial (Laz , 2009 ,p.85) .
peace, equality, justice, freedom, cooperation, and Three Classifications of due process are (Lazo, 2009, p.86)
amity with all nations (Article II, section 2). :
Included into the 1987 Constitution was a full Bill of 1. Substantive Due Process -This refers to the laws
Rights (Article 111), which guaranteed fundamental civil itself. It requires that the law made by the government
and political rights and also a provision for Social Justice must be reasonable, for it to be reasonable it must have the
and Human Rights (Article XIII). interest of the public, and the means that were used are
Article III: The Bill of Rights necessary in the accomplishment of its purpose, and not
Article III of the Philippine Constitution is the Bill of unduly oppressive on the individual.
Rights. It establishes the relationship of the individual 2. Procedural Due Process- this refers to the method or
to the State and defines the rights of the individual by manner by which the law is enforced. Its basic elements are
limiting the lawful powers of the State. It provides notice, opportunity to be heard, and jurisdiction,
specific protections against the abuse of state power, 3. Administrative Due Process the requisites for this are
most of which are similar to the provisions of the U.S. as follows:
Constitution (Smith, 1945). In addition to this, the Bill a. Right to Hearing
of Rights, is an article in the Constitution that b. Consideration by the tribunal of the evidence forwarded
articulates and enlists the rights of an individual that or adduced to them.
the government is duly bound to protect, respect, and c. Support of the tribunal on the decision that was made.
carry out. It also includes constitutional rights,
economic, social, cultural, and political rights of the

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d. Decision is made as a result of the careful Social justice refers to a political and philosophical
consideration of evidence presented by both parties, theory that focuses on the concept of fairness in
and must be made known to the parties involved. relations between individuals in society and equal
Equal Protection of the Law access to wealth, opportunities, and social privileges,
Equal protection of the law applies to all persons without It may be broadly understood as the fair and
distinction to status, rank, or educational status. It compassionate distribution of the fruits of economic
entails that all persons subject to legislation should be growth. It is the view that everyone deserves equal
treated alike, under like circumstances and conditions economic, political and social rights and opportunities.
both in conferred privileges and imposed liabilities (Lazo, It calls for equal rights, equal opportunity, and equal
2009, p. 89). The purpose of the equality clause is to treatment.
prohibit undue favor to anyone, special privileges for any FIVE PRINCIPLES OF SOCIAL JUSTICE
individual or class, or hostile discrimination on any There are Five Principles of Social Justice (CFI
person. It covers all persons within the state, whether ,2021) :
the person is local or foreigner, except political rights 1. Access to Resources- This refers to the extent
where it is only applicable for the citizens of the state to which different socioeconomic groups receive
and not foreigners (Lazo, 2009.p.89) equal access to give everyone an equal start in life.
Search Warrant and Warrant of Arrest Examples of these resources are health care, food,
Section 2 of the Bill of Rights states that, the right of the shelter, education, and recreational opportunities.
people to be secure in their persons, houses, papers,
Social justice ensures all people have access to
and effects against unreasonable searches and seizures
goods and services regardless of age, gender,
of whatever nature and for any purpose shall be
ethnicity etc.
inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined 2. Equity- This refers to how individuals are given tools
personally by the judge after examination under oath or specific to their needs and socioeconomic status in order to
affirmation of the complainant and the witnesses he may move towards similar outcomes. In contrast to the concept
produce, and particularly describing the place to be of equality, where everyone is offered the same tools to
searched and the persons or things to be seized. move towards the same outcome. It is important to note
Search and seizure practices engaged in by law that things that are equal are not equitable due to the more
enforcement officers with the purpose of gaining advanced needs of some individuals and groups, Social
sufficient evidence to ensure the arrest and conviction justice ensures fair distribution of available resources across
of an offender. It is used to describe the examination by society.
a law enforcement officer of a person's home, vehicle, 3. Participation- This refers to how everyone in society is
or business to find evidence that a crime has been given a voice and opportunity to verbalize their opinions
committed. A search involves law enforcement officers and concerns and have a role in any decision-making that
going through part or all of an individual's property, and affects their livelihood and standard of living. Social justice
looking for specific items that are related to a crime that enables people to participate in decisions which affect their
they have reason to believe has been committed. A lives.
seizure happens if the officers take possession of items 4.Diversity. -This refers to the basic differences of each
during the search. individual in a society, like cultural difference, social status,
According to the Revised Rules of Criminal Procedure race, gender preferences, etc. Social justice takes into
(2000, Section 1) search warrant is a written order account the diversity of each individual.
issued in the name of the People of the Philippines, 5. Human Rights- This is the most important principle of
signed by a judge and directed to a peace officer, social justice and forms a foundational part of the concept.
commanding him to search for personal property They are fundamental to societies that respect the civil,
described therein and bring it before the court. Warrant economic, political, cultural, and legal rights of individuals
of Arrest is a legal process issued by a competent and governments, organizations, and Individuals must be
authority, directing the arrest of an individual or group held responsible if they fail to ensure the upholding of these
of persons upon grounds stated therein. It is a command rights
in formal writing issued against a person; to take him According to the Article XIII of the Philippine Constitution,
into custody of law in order that he may be bound to highest priority should be given to the enactment of
answer for the commission of a crime (Lazo, 2009, p 90). measures by the Congress that aims the following (Article
Probable cause is an important element in determining XIII, Section 1):
the presence of crime or any specific omission violating
the provisions governing an appropriate law. It also 1. Protection and enhancement of the right of all the people
provides a reasonable ground for suspicion supported by to human dignity
circumstances that are strong enough to warrant a 2. Reduction of social, economic, and political inequalities,
cautious man's belief that the person accused of being and 3. Removal of cultural inequalities.
guilty of an offence (Lazo 2009, p 90). Arrest without In addition to this, the State is supposed to regulate the
warrant, is a legal process where in a peace officer or a acquisition, ownership, use, and disposition of property and
private person may, without a warrant, arrest a person its increments.
Section 5 of Rule n_{3} of the Rules of Court): ROLE OF LAW ENFORCEMENT AGENCIES IN
1. When, in his presence, the person to be arrested has UPHOLDING HUMAN RIGHTS
committed, is actually committing, or is attempting to LAW ENFORCEMENT APPROACH IN RELATION TO
commit an offense; HUMAN RIGHTS
2. When an offense has just been committed, and he Rule of Law
has probable cause to believe based on personal The rule of law is a principle of governance in which all
knowledge of facts or circumstances that the person to persons, institutions and entities, public and private,
be arrested has committed it; and including the State itself, are accountable to laws that are
3. When the person to be arrested is a prisoner who has publicly promulgated, equally enforced and independently
escaped from a penal establishment or place where he adjudicated, and which are consistent with international
is serving final judgment or is temporarily confined while human rights norms and standards. It is a mechanism,
his case is pending, or has escaped while being process, institution, practice, or norm that supports the
transferred from one confinement to another. equality of all citizens before the law, and it secures a non
ARTICLE XIII: Social Justice and Human Rights arbitrary form of government, and more generally prevents
What is Social Justice? the arbitrary use of power. A rule of law framework includes
the following:

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 1. Constitution or its equivalent, as the highest law of personnel in the use of non lethal force and tactics in
the land; 2. A clear and consistent legal framework, effecting arrests; and
and implementation thereof; c. Orient police personnel on principles of stress and
3. Strong institutions of justice, governance, security anger management.
and human rights that are well structured, financed, Arresting Persons on Legal Grounds-Only arrest
trained and equipped; persons if there are legal grounds to do so, and the arrest
4. Transitional justice processes and mechanisms; and is carried out in accordance with lawful arrest procedures
5. A public and civil society that contributes to (AI, 1998, p.7) Suggested Action Items:
strengthening the rule of law and holding public officials a. All police personnel must carry and use Miranda
and institutions accountable. Warning Cards in informing persons arrested, detained or
Equal Protection-Everyone is entitled to equal under investigation about their rights under the law;
protection of the law, without discrimination on any b. Take extra care to ensure the safety of the arrested
grounds, and especially against violence or threat. Be person/s during transport from the crime scene to the
especially vigilant to protect potentially vulnerable police station: and
groups such as children, the elderly, women, refugees, c. Personal properties of the detained/arrested person
displaced persons and members of minority groups must be properly inventoried, documented, and kept in a
(A1,1998 , p.4) . Suggested Action Items: secure location inside the police station or designated
a. All police personnel must carry and use Miranda storage area.
Warning Cards that contain English and Filipino versions; Detainees' Rights-Ensure all detainees have access
b. Police service must be non-selective, and provide the promptly after arrest to their family and legal
same quality of service to all people; representative and to any necessary medical assistance
c. Train police personnel in communication and empathy (AI, 1998, p. Suggested Action Items:
skills especially geared towards addressing concerns of a. Maintain a manually written and/or computerized
women, children, the elderly, and other vulnerable Database of Detainees or Persons Under Police Custody:
sectors. b. Coordinate with the local chapter of the Integrated Bar of
Respectful Treatment- Treat all victims of crime with the Philippines (IBP) and/ or NGOs that provide free legal
compassion and respect, and in particular protect their assistance to assist detainees who cannot afford to hire a
safety and privacy (A1,1998 p. 4-5) . It is important to lawyer; or those who cannot be immediately attended to
note that under the law, all arrested persons and by the Public Attorney's Office ( PAO); and
detainees are still considered innocent and have the c. Ensure that duty personnel have contact details of nearby
right to due process, only the court can determine their
hospitals and clinics in case persons arrested, detained
guilt or innocence, and even when they are already
and those under investigation require emergency medical
convicted by the court, they still have the right to be
treated humanely, with full respect and dignity ( NP- care.
HRAO 2009,P 19). Suggested Action Items:
Humane Treatment of Detainees- All detainees must
a.Allocation of a well-secured room inside the police
be treated humanely. Under any circumstances, do not
station where the detainee can privately speak with inflict, instigate, nor tolerate any act of torture or ill-
his/her lawyers and family: treatment, and refuse to obey any order to do so(AI 1998
, p.9) . Suggested Action Items:
b. Ensure that posters or information materials on the a. Physical improvements may be undertaken to ensure
Rights of Persons Arrested, Detained or Under that detention facilities are well-ventilated and well-
Investigation are prominently displayed inside the lighted; and
investigation room or desk where booking or b. Installation of audio-video recording equipment in
investigation of suspects is done; investigation rooms.
Refusal to Obey Unjust Orders- Do not carry out, order or
c. Respect the need for confidentiality especially cover up extrajudicial executions or "disappearances",
among minors and female victims of crime; and refuse to obey any order to do so (AI) 1998, p. 11).
d. Never parade suspects before the media; and Suggested Action Items:
e. Police officers should address citizens as "Sir" or " a. Ensure that all police operations include pre
Ma' am" during all cases of citizen contact. deployment briefing and postoperative assessment/
debriefing; and
Use of Force-Do not use force except when strictly b. When in doubt about a specific order, seek clarification
necessary and to the minimum extent required under and guidance from the direct superior or from higher
the circumstances (AI, 1998, p.5) Suggested Action headquarters.
Items:
Reporting Violations- Report all breaches of these
a. Re-orient police personnel about the Use of Force Basic Standards to your senior officer and to the office of
Doctrine or Use of Force continuum; the public prosecutor. Do everything within your power to
ensure steps are taken to investigate these breaches (A1
b. Re-train police personnel in proper arrest 1998, p. 12). Suggested Action Items:
procedures; a. Maintain copies of mission orders, memoranda, notes,
and other official documents related to police operations
c. Re-orient police personnel assigned to crowd control involving your participation; and
units about human rights, crowd psychology, maximum b. Follow prescribed procedures for reporting violations of
tolerance, and use of calibrated force; and police policies and procedures (from immediate superior
to higher office).
d. Police personnel involved in shootouts and
discharge of firearms must submit an after-operations
report.
Use of Lethal Force- Lethal force should not be used OTHER IMPORTANT LAWS IN LAW ENFORCEMENT
except when strictly unavoidable in order to protect your IN RELATION TO HUMAN RIGHTS
life or the lives of others (AL 1998, p. 61. Suggested
Action Items: Anti-Torture Act of 2009
a Conduct regular firearms proficiency training and testing
for all police personnel; b. Conduct re-training of police
Anti-Torture Act, 2009 or R.A. 9745, is an act
penalizing torture, and other cruel, inhuman and

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 degrading treatment or punishment and prescribing office *(PAO) the PNP, the National Bureau of Investigation
penalties for it. It provides for the right to freedom (NBI) and the AFP;
from cruel, inhumane, and degrading punishment or
treatment, in particular with respect to persons in 2. To have sufficient government protection against all
custody and prisoners, forms of harassment; threat and/or intimidation as a
consequence of the filing of said complaint or the
Section 3 of Anti Torture Act (2009) defined Torture as presentation of evidence; and
an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person 3. To be accorded sufficient protection in the manner by
for such purposes as obtaining from him / h * e * r or a which he/she testifies and presents evidence in any fora in
third person information or a confession; punishing order to avoid further trauma.
him/her for an act he/she or a third person has
committed or is suspected of having committed; or Moreover, it also provides for the victim of torture the right
intimidating or coercing hm / h * e * r or a third person; to Physical, Medical and Psychological Examination (Article
or for any reason based on discrimination of any kind, 12). The penalty of reclusion perpetua shall be imposed
when such pain or suffering is inflicted by or at the upon the perpetrators of the following acts of torture
instigation of or with the consent or acquiescence of a (Section 14):
person in authority or agent of a person in authority.
1. Torture resulting in the death of any person;
There are two types of act of torture as indicated on
Section 4, they are: 2. Torture resulting in mutilation;

1. Physical torture- it is a form of treatment or 3. Torture with rape;

punishment inflicted by a person in authority or agent of 4. Torture with other forms of sexual abuse and, in
a person in authority upon another in his / h * e * r consequence of torture, the victim shall have become
custody that causes severe pain, exhaustion, disability insane, imbecile, impotent, blind or maimed for life; and
or dysfunction of one or more parts of the body. This
includes but not limited to: 5. Torture committed against children.

a. Systematic beating, headbanging, punching, CHR Four Core Programs

1. Human Rights Protection Services- this

kicking, striking with truncheon or rifle butt;
includes the mandate on the commission to investigate
cases of Human Right violation. It involves the
b. Food deprivation or forcible feeding with spoiled food;
documentation and management of complaints of human
rights violations; the monitoring of human rights conditions
c. Electric shock; and in detention facilities and penal rehabilitation centers; and
the provisions of independent forensics services and
c. Being tied or forced to assume fixed and stressful medico-legal services in aid of investigation (CHR, 2018) .
bodily position;
2. Human Rights Promotion Services-This is where
2. Mental/Psychological Torture - these are acts CHR exerts effort to increase the level of understanding and
committed awareness of the people of their rights and obligation as a
citizen. This includes: the continuing development of client-
by a person in authority or agent of a person in based human rights education and training programs and
authority which are calculated to affect or confuse the delivery of client-based education and training projects for
mind and/or undermine a person's dignity and morale, priority sectors; Human rights advocacy campaigns; and
This includes but not limited to: research, documentation, and publications relevant to
relevant human rights issues in the country (CHR, (018) .
a. Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts; 3. Human Rights Policy Advisory Services- It is a
platform of the CHR in voicing out their position, comments,
b. Denial of sleep/rest; and suggestions on matters relating to different human
right issues and advocacies. It includes; the release of
c. Confinement in solitary cells or secret detention human rights advisories, position papers, statements, and
places; and comments on existing and proposed pieces of legislation,
local ordinances, and programs, and practices of
d. Deliberately prohibiting the victim to communicate government bodies; the formulation of policy guidelines,
with any member of his/her family. implementing rules and regulations on new and / o * r
special human rights laws; and independent reports on the
It also lays down rights of a victim of torture in the government's implementation of Human Rights treaty
institution of a criminal complaint for torture, such as provisions (CHR, 2018).
(Section 9):
4. Human Rights Violation Prevention Service- these
1. To have a prompt and impartial investigation by are the services provided by the CHR in preventing human
the CHR and by agencies of government concerned such as right violation in areas that have a high rate of human rights
the Department of Justice (DOJ), the Public Attorney's abuse. It includes the exercise of jail visitation powers
CHR,2018) .

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Duties of Human Right Investigators to human rights violations.

According to Rule 5, section 2 of the Guidelines in the 4. Undertake information campaign on PNP human
Investigation of suman Rights Violation (2012) the rights initiatives.
duties of a Human rights Investigator the CHR officer
are: 5. Establish links with concerned agencies involved in

1. Identify the factors that contributed to the violations handling HRV cases vs. PNP personnel.
thereof;
6. Perform other tasks as directed by the Chief, PNP.
2. Look into the institutions and processes through which
the State seeks to realize economic, social and cultural Letter of Instructions 55/07 "PAMANA")
rights;
It is also known as the Human Rights Development
3. Conduct a comprehensive review of domestic laws, Program of the PNP, It states that "members of the
policies, rules and regulations, administrative issuances Philippine National Police shall embrace the highest
and procedures, and current practices; principles of the Universal Declaration of Human Rights.
It also emphasizes that respect for human rights and
4 Consolidate and analyze all investigation reports on dignity shall apply to everyone including all members of
incidents of economic, social and cultural rights the police service, regardless of education, gender,
violations and issues; religion, political beliefs and all other types of status
(LOI 55/07 2007, Article 6). It recognizes the fact that,
5. Assess the level of enjoyment of economic, social and the greater involvement of all PNP members is
cultural rights by the people; necessary for the general public to feel that the agency
is serious in serving the people and protecting their
6. Apply human rights standards so as to determine human rights, and in order to achieve this several
what particular institutional approaches on human rights are laid down;
that includes the improvement on human capacities,
treaty obligation has been violated and where this enhancement of the relationships and partnerships with
violation other stakeholders, and the adoption of human rights-
based policing programs (L0I 55 /07 2007).
occurred; and

7. Intervene and/or coordinate with relevant authorities Tasks of Human Rights Affairs 1fGce(LO1 50/)7,2c ,
in decision making and adjudication of issues / cause
involving economic, social and cultural rights. Article VII, section C):

Philippine National Police: Human Rights Office 1. Initiating the advocacy measures to raise the
awareness and adherence of the PNP personnel on
PNP Human Rights Affairs Office (HRAO) serves as human rights-based policing
the planning & management facility for the
implementation of the PNP Human Rights Development 2. Spearheading the organization in participating or
Program, otherwise known as LOI "Pamana" or Legacy. initiating human rights-driven events and activities such
Activated on JUNE 29, 2007 under the OCPNP. Its as Human Rights Week, International Human Rights Day,
purpose is to improve the existing mechanisms on International Humanitarian Law Day, and other related
human rights protection. It has a vision of fully human rights events.
institutionalized the respect for human rights as a way
of life in the Philippine National Police by 2025, and to 3. Establishing ties with and generate support and
achieve this the PNP will have to promote, protect and assistance from various government and non-government
fulfill human rights thru effective institutional & policy organizations concerned with human rights, both local
development, capability building, prevention and control and international. to advance the cause of human rights
of human rights violations and multi-sectoral within and outside the Philippine National Police:
cooperation (PNP- HRAO, 2020) .
4. Creating and maintaining a Human Rights Eligibility List
for police officers directly engaged in human rights
PNP HRAO Functions are (PNP-HRAO, 2020): advocacy and promotion through the issuance of
appropriate certificates of qualifications making them
1. Integrate PNP efforts & develop systematic, holistic belong to a directory of human rights practitioners in the
implementation of human rights programs & activities. country;

2. Review, formulate, and recommend human rights 5.Regularly coordinating with various duty holders in the
policies & programs including administrative & legal PNP for discussions and resolutions of human rights
measures on human rights. issues that includes human rights violations by police
officers and/or other government forces as well as non-
3. Monitor investigations and legal/judicial processes state actors, development of knowledge, skills and
related attitude of PNP personnel as human rights protectors, and

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enhancement of partnerships with other sectors to effectively enforce the law and ensure public safety.
concerning human rights; In addition to this, when the PNP renders respect and
courtesy to citizens, there is a greater tendency for them
6. Performing and overseeing regular and/or random to return that respect and courtesy (PNP-
inspections, dialogues, and field inquiries on human 4RAO,2019,p.15) .
rights issues affecting members of the police service.
4. Respect for Rule of Law and Civilian Supremacy-
7. Conducting researches and case studies on human it is best exemplified when the police practices
rights that delve on the causes, role patterns, capacity accountability for all its actions or, as the case may be,
gaps, and institutional mechanisms leading to the inaction on matters related to the protection of people's
improvement of the PNP as a human rights protector; legal rights. For any act of enforcement apart from the
law may be considered criminal, or at the very least, an
8. Initiating, motu propio, inquiries on cases of human abuse of authority (PNP HRAO, 2019,p.15) .
rights violations through walk-in complaints, electronic
communications, and other means
5. Pro-Democracy and Pro-Citizen- Democratic
9. Monitoring, assessing, and documenting human rights values are best exemplified by the police when it seeks
greater participation and cooperation by the public in
issues
maintaining peace and order. Through dialogues and
consultations with stakeholders, the police are able to
and concerns for use as reference of the Chief, PNP; and learn about the issues and concerns that must be
addressed at the community level, and most of the time
10. Providing inputs and insights to the PIO on various full cooperation between the police and the community is
initiatives of the PNP on human rights for information of required in order to solve peace and order problems
the public;

PNP Human Rights Based Policing

Human Rights-Based Policing (HRBP) is the

comprehensive. systematic, and institutional compliance
with international human rights standards and practices
in the conduct of police or law enforcement functions
(PNP-HRAO, 2009, p. 11). It incorporates human rights
principles and practices into police doctrines, strategies,
and plans, HRBP it is a paradigm shift in approach for
reorienting the police organization from the traditional
policing models or theories based purely on social
control or repression to a new paradigm anchored on
genuine respect for human rights and dignity,
transparency, accountability, rule of law, and people's
active participation in democratic governance (PNP-
HRAO, 2009, p,12)

Characteristics of Human Rights-Based Policing

Here are the list of the characteristics of HRBP:

1. Strict Observance of Police Policies and

Procedures - HRBP entails strict observance of police
policies and operational procedures. It states that one of
the most effective ways to promote and protect human
rights is by following PNP policies and procedures,
because most, if not all violations of human rights occur
when police officers do not follow established policies
and procedures such as shortcuts, omissions or blatant
disregard for procedures (PNP-HRAO, 2019, p. 13),
2. Adherence to International Human Rights
Standards for Law Enforcement- through the
adherence of PNP to international standards, they are
able to comply with a uniform set of principles and
practices that is expected from all police officers by the
international community (PNP-HRAO, 2019, p. 14).

3. Professional Competence and Courteous

Service -the police must only use calibrated force to
subdue suspects in order to prevent human rights
violations. However, in some cases it is clear that the
police must use commensurate degrees of force in order

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 there is no law which punishes the act, such person
CLJ3: CRIMINAL LAW BOOK ONE cannot be prosecuted in court.
(1) CHARACTERISTICS OF PENAL LAWS:
1. General- criminal law is binding on all persons
Criminal Law- It is that branch or division of law
which defines crimes, treats of their nature and who live or sojourn in the Philippines.
2. Territorial- criminal laws are applicable only if
provides for their punishment.
the crime is committed within the Philippine territory.
3. Prospective- criminal law cannot make an act
Crime is an act committed Felony is an act or
punishable in a manner in which it was not punishable
or omitted in violation of a omission punishable by
when committed. Time when it shall apply. See Art 366.
public law forbidding or the Revised Penal
(The law looks forward and not backward)
commanding it. Code
RA 8491 FLAG AND HERALDIC CODE
Offense -is an act or Infraction is a violation GENERALITY
omission punishable by a of city or municipal Penal Laws shall be applied to all persons on being
special penal law. ordinances (local within the Philippine territory whether they are Filipino
legislation). citizens or foreigners regardless of any of their personal
Misdemeanor is a circumstances
minor infraction of law. EXCEPTIONS TO THE GENERALITY
CHARACTERISTIC
2 Injuries are committed; 1. As provided by Treaty or Treaty Stipulations
1. Injury committed against a person; and a. The Bases Agreement entered into by and between
2. Injury committed against the State. the Republic of the Philippines and the USA on March
Injury committed against a person – Personal injury 14, 1947, which expired on September 16, 1991.
against the private offended party. Civil indemnity is b. The Agreement between the USA and the Republic of
awarded to the offended party or his/her heirs. the Philippines regarding the treatment of US Armed
Injury committed against the State – Punishment is Forces Visiting the Philippines (RP-US Visiting Forces
imprisonment. Social injury against the State for the Accord).
disturbance of peace. Rules on Jurisdiction (Art. V):
Note: For every crime committed, it is more of an 1. a. Philippine authorities shall have jurisdiction over
offense against the State rather than against the US personnel with respect to offenses committed within
private offended party. the Philippines and punishable under the law of the
Illustration: Philippines.
X hit Y. Y sustained a fatal wound but he survived. b. US military authorities shall have the right to exercise
Thereafter, Y filed frustrated homicide. The prosecutor within the Philippines all criminal and disciplinary
found probable cause. In the Information filed by the jurisdiction conferred on them by the military law of the
prosecutor, the title is People of the Philippines vs. X. US over US personnel in the Philippines.
The trial continued and found the accused guilty 2. a. Philippine authorities exercise exclusive
beyond reasonable doubt. The first penalty is jurisdiction over US personnel with respect to offenses,
imprisonment due to social injury. Aside from this, Y including offenses relating to the security of the
will be paid a civil indemnity. Philippines, punishable under the laws of the US.
SOURCES OF CRIMINAL LAW b. US authorities exercise exclusive
1. The Revised Penal Code (Act No. 3815) and its jurisdiction over US personnel with respect to offenses,
amendments; including offenses relating to the security of the US,
2. Special Penal Laws passed by: punishable under the laws of the US, but not under the
a. Philippine Commission; laws of the Philippines.
b. Philippine Assembly; c. An offense relating to security means:
c. Philippine Legislature; i. treason;
d. National Assembly; ii. sabotage;
e. Batasang Pambansa; and the iii. espionage; or
f. Congress of the Philippines iv. violation of any law relating to national defense.
3. In cases where the right to exercise jurisdiction is
3. Penal Presidential Decrees issued by President concurrent, the following rules shall apply:
Ferdinand Marcos a. Philippine authorities shall have the primary right to
4. Codigo Penal De España (Spanish Penal Code) exercise jurisdiction over all offenses committed by US
COMMON LAW CRIMES- the body of principles, personnel, except in cases provided for in paragraphs l
usages and rules of actions which do not result from (b), 2 (b), and 3 (b) of this Article.
the express act of the legislature. There are no b. US military authorities shall have the primary right to
common law crimes in the Philippines since the exercise jurisdiction over US personnel subject to the
Philippines is a civil law country. Penal laws are military law of the US in relation to:
enacted. They do not evolve through time. i. offenses solely against the property or security
Q: Who has the power to define and punish crimes? of the United States or offenses solely against the
A: The State property or person of United States personnel; and
Police Power as Basis ii. offenses arising out of any act or omission done
The State has the authority, under its police power, to in performance of official duty.
define and punish and to lay down the rules of criminal c. The authorities of either government may
procedure. request the authorities of the other government to
The Power to Enact Penal Laws waive their primary right to exercise jurisdiction in a
As a general rule, the Legislative Department has the particular case.
power to enact laws. However, in case of emergency, 2. As provided by laws of preferential
the President may issue a penal issuance order applications - RA 75 penalizes acts which would impair
provided that there is a law delegating such power to the proper observance by the Republic and its
the President. inhabitants of the immunities, rights and privileges of
NULLUM CRIMEN NULLA POENA SINE LEGE- there duly-accredited foreign diplomatic representatives in
is no crime if there is no law punishing it. Even what has the Philippines.
been performed was a perverted or immoral act but

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 Section 4, RA 75 – Any writ or process issued out an agreement that the ADB economist is immune from
or prosecuted by any person in any court of the suit.
Republic of the Philippines, or by any judge or In Liang v. People, the Supreme Court ruled that
justice, whereby the person of any ambassador or diplomatic immunity is only applied in the exercise of
public minister of any foreign State, authorized and one’s function. However, in this defamation case,
received as such by the President, or any domestic immunity will not lie. Evidence must be gathered first to
servant of any such ambassador or minister is determine if the act was done in the exercise of one’s
arrested or imprisoned, or his goods or chattels are function.
distrained, seized, or attached, shall be deemed *The main yardstick in ascertaining whether a person is a
void, and every person by whom the same is diplomat entitled to immunity is the determination of
obtained or prosecuted, whether as party or as whether or not he performs duties of diplomatic nature.
attorney, and every officer concerned in executing Exception: The doctrine of immunity from suit will not
it, shall upon conviction, be punished by apply and may not be invoked where the public official is
imprisonment for not more than three years and a being sued in his private and personal capacity as an
fine of not exceeding two hundred pesos in the ordinary citizen. The cloak of protection afforded the
discretion of the court. officers and agents of the government are removed the
Exceptions: moment they are sued in their individual capacity.
a. Citizen or inhabitant of the Republic of the Philippines Legends:
provided: • In the territorial waters, the State is free to set its
i. in service of an ambassador; own laws.
ii. process is founded upon a debt; and • In contiguous zones, it can only create laws for the
iii. the debt is contracted before he entered upon such enforcement of pollution, taxation, customs and
service. immigration purposes.
b. Domestic servants of an ambassador or a public • In the Exclusive Economic Zone - the State has the
minister unless: sole right to exploit its natural resources.
i. name of the servant has been registered in the • In the continental shelves- the State has the right
DFA; and to harvest minerals, non-living creatures in its subsoils
ii. such registration was made before the issuance of etc.
the process against the servant.
Note: Not applicable when the foreign country Q: What comprises the Philippine Territory?
adversely affected does not provide similar protection ANSWER:
to our diplomatic representatives. a. The Philippine archipelago with all the
3. Persons who are exempt because of islands and waters embraced therein;
certain principles of international laws: b. All other territories over which the
a. Sovereigns and other heads of states Philippines has sovereignty or jurisdiction;
b. Ambassadors, minister plenipotentiaries, c. The terrestrial, fluvial and aerial domains
minister residents and charges d’ affaires. including the territorial sea, the seabed, the subsoil, the
They enjoy blanket immunity from the criminal insular shelves, and other submarine areas thereof; and
jurisdiction of the country where they are assigned. d. The internal waters.
Since they are immune, they cannot be arrested,
prosecuted or punished (Diplomatic Immunity from TERRITORIALITY
Suit). Penal laws shall be applicable only within the Philippine
Illustration: jurisdiction including its atmosphere, internal waters etc.
A, the Ambassador of Malaysia to the Philippines. A General Rule – Crimes committed outside the Philippine
was summoned to Malacañang. However, the driver of jurisdiction cannot be under Philippine courts.
A was not feeling well so instead, A drove himself to EXCEPTIONS TO THE TERRITORIAL
Malacañang. A drove the vehicle in a reckless manner. CHARACTERISTICS (Art. 2, RPC)
As a result. he hit and killed an innocent pedestrian. 1. When the offender shall commit an offense on a
A, as a Head of State, enjoys blanket immunity from Philippine ship or airship.
prosecution. He is performing official functions; thus,
he cannot be prosecuted in Philippine courts. 2. When the offender should forge or counterfeit any coin
Another Illustration: or currency note of the Philippines or obligations and
Many Heads of States arrived in the Philippines for the
securities issued by the Philippine government.
2016 Miss Universe. Among them was President A of
Mexico. He found Ms. China very attractive and invited
her to a date in a hotel. Afterwards, President A raped 3. When the offender should be liable for the acts
her. In this case, President A can be prosecuted for connected with the introduction into the Philippines of the
rape. Immunity is not absolute. It is limited only to obligations and securities mentioned in number two.
official functions. Rape is outside of the functions of
the Head of State. Thus, President A may be 4. When the offender who is a public officer or employee
prosecuted here. abroad shall commit an offense in the exercise of his
Note: The basis for granting immunity for diplomatic functions.
heads is par in parem, non habet imperium – that all
States are sovereign equals and cannot assert 5. When the offender should commit an offense against
jurisdiction over one another. The proscription is not
national security and the laws of nations.
for the benefit of an individual, but for the State, in
whose service he is the diplomatic head.
PROSPECTIVITY
Consuls, vice consuls, and consular officials do not
Penal laws shall only be applied from the time of
enjoy the immunity from criminal prosecution under
effectivity.
Philippine laws because they merely represent their
EXCEPTION TO THE PROSPECTIVE CHARACTER
State’s commercial, mercantile or business interest.
1. When the new law is favorable to the accused.
Illustration:
S, a foreign economist and an employee of Asian
EXCEPTION TO THE EXCEPTION
Development Bank (ADB). A Filipino filed an oral
1. When the offender is a habitual criminal.
defamation against S. The Department of Foreign
2. When the new law expressly provides it has no
Affairs (DFA) issued a letter and protocol to the court
application or retroactive effect to pending actions/cases.
which states that ADB and Philippine Government have

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 *The RPC adheres to Classical Philosophy. It must be
CONSTRUCTION OF PENAL LAWS: noted however, that although RPC is molded with
1.Penal laws are strictly construed against the State Classical Philosophy, its amendments are geared toward
and liberally in favor of the accused the Positivist Philosophy.
2.If there is a conflict between the Spanish text and Illustration:
the English text, the Spanish text prevails. Indeterminate Sentence Law – once the convict served
the minimum of his penalty; he is eligible for parole
EFFECTS OF REPEAL OF A PENAL LAW: (rehabilitation).
1.If the new law is favorable to the accused in the Probation Law – a convict sentenced to serve a penalty of
sense that the penalty becomes lighter, then the new 6 years and below may apply for probation.
law shall be applied. Except when the accused is a RA 9346 – imposes a moratorium in the imposition of
habitual criminal. death penalty.
2.But if the new law imposes a heavier penalty, the old Doctrine of Pro Reo – Penal laws should always be
law shall be applied, that is the law in force at the time construed liberally in favor of the accused and strictly
of the commission of the offense shall be applied. against the accused.
Lenity Rule – Whenever a penal law or any provision
ACT 3815 THE REVISED PENAL CODE thereof is susceptible of 2 interpretations; one is lenient
HISTORY OF THE RPC. to the offender which will bring about his/her acquittal
❖ The old Penal Code took effect until and the other is strict or against the offender which will
December 31, 1931. bring about conviction; the interpretation that is lenient
❖ The Revised Penal Code was drafted and or favorable to the offender shall be adopted.
prepared by Anacleto Diaz as Chairman, Quintin Equipoise Rule – Whenever the evidence of the
Paredes, Guillermo Guevarra, Alex Reyes and Mariano prosecution is equally balanced with the evidence of the
De Joya as members defense, the scales of justice shall be tilted towards the
❖ RPC was approved on December 8, 1930 accused.
❖ RPC took effect on January 1, 1932 Reason: Presumption of innocence; the prosecution has
the burden of proving conviction beyond reasonable
THEORIES IN CRIMINAL LAW: doubt. Conviction must be based on the strength of the
1.Classical (Juristic) Theory- the basis of criminal evidence of the accused.
liability is human free will and the purpose of penalty Illustration:
is retribution. Man is a moral creature with an absolute Police officers received a tip from a credible source that a
free will to choose between good and evil. person wearing white shirt and blue shorts will arrive at
bus terminal in Buendia at 9PM carrying shabu. Acting
Basis of criminal liability is human free will; thereon, the police officers arrived at the bus station and
Man is a moral creature which understands right from waited. When a man wearing white shirt and blue shorts
wrong; came out of the bus, the police immediately frisked and
When he commits a wrong, he voluntarily does the searched the man. A white crystalline substance was
same. Therefore, he shall be ready for the found in his possession and was identified as shabu by
consequences of his acts; the crime laboratory. During the trial, the defense
The purpose of penalty is retribution. It evolves from presented two witnesses who were passengers of the
the maxim “an eye for an eye.” Therefore, for every same bus with the accused and seated beside him. The
crime committed, there is a corresponding penalty witnesses said that they did not see the police frisked and
based on the injury inflicted on the victim. The searched the accused. Furthermore, they did not see any
determination of penalty is done mechanically since drugs seized when they apprehended the accused. In this
the punishment is proportionate to the severity case, the Court should rule in favor of the accused.
sustained by the victim; and 4. Utilitarian or Protective Theory – The primary
The emphasis is on the crime and not on the criminal. function of punishment is to protect society from potential
2.Positivist (Realistic) Theory. Man is subdued and actual wrongdoers. The retributive aspect of penal
occasionally by a strange and morbid phenomenon laws should be directed against them.
which constrains him to do wrong. Crime is a social
and natural phenomenon; it cannot be treated LIMITATIONS ON THE POWERS OF CONGRESS TO
therefore by the application of abstract principles of MAKE LAWS
law or by the imposition of punishment. 1. Penal law must be General in application otherwise
it would violate the equal protection clause.
Basis of criminal liability is man’s social environment. 2. Must not partake the nature of an ex post facto
All men are born good, they only become evil due to law. An ex post facto law is a law that makes criminal an
the influence of the community; act done before the passage of the law and which was
Crimes are social phenomenon; innocent when done and punishes such an act. It may
The purpose of penalty is for purposes of also be defined as a law which aggravates a crime, or
rehabilitation. The offender is a socially sick individual makes it greater than it was, when committed.
who needs to be corrected and not to be punished. 3. Not a Bill of Attainder. A bill of attainder is a
The determination of penalty is done on a case-to-case legislative act which inflicts punishment without judicial
basis; and trial.
The emphasis of the law is on the offender and not to 4. No person shall be deprived of life, liberty or
the offense. There is great regard to the human property without due process of law- The law must
element of the crime. be fair and reasonable and the accused must be given an
3.Mixed/Eclectic Theory – A combination of both opportunity to be heard and be accorded the rights to
the classical and positivist theories. Our Code is which he is entitled.
considered eclectic i.e., the age of the offender is 5. Excessive fines shall not be imposed nor
taken into consideration and intoxication of the cruel or unusual punishment.
offender is considered a mitigating circumstance
unless he is habitual or intentional. Article 1. Time when Act takes effect- JANUARY 1,
1932
*Crimes which are heinous/obnoxious in nature – Art. 2. Application of its provisions. — Except
Classical Philosophy as provided in the treaties and laws of preferential
* Crimes which are social/economic – Positivist application, the provisions of this Code shall be
Philosophy enforced not only within the Philippine Archipelago,

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 including its atmosphere, its interior waters and board, Malaysian courts have jurisdiction because of
maritime zone, but also outside of its jurisdiction, the territoriality characteristic of criminal law.
against those who:
1. Should commit an offense while on a Philippine ship If the vessel is a Philippine war vessel or warship or it is
or airship a Philippine warship or it is a Philippine warplane. A
2. Should forge or counterfeit any coin or currency Philippine warship or war aircraft is considered an
note of the Philippine Islands or obligations and extension of the Philippine sovereignty. Wherever they
securities issued by the Government of the Philippine may be, when a crime is committed on board a Philippine
Islands; war vessel or warplane, the Philippines will always have
3. Should be liable for acts connected with the jurisdiction and the reason is the 1st par. of Art. 2, RPC,
introduction into these islands of the obligations and that is the intraterritorial application of the RPC because
securities mentioned in the preceding number; it is as the crime is committed within the Philippine
4. While being public officers or employees, should territory.
commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national 2. Should forge or counterfeit any coin or currency note
security and the law of nations, defined in Title One of of the Philippine Islands or obligations and securities
Book Two of this Code. issued by the Government of the Philippine Islands;

Article 2 of the RPC has 2 scopes of application 3. Should be liable for acts connected with the
1. Intraterritorial application – It provides that the RPC introduction into these islands of the obligations and
shall be enforced within the Philippine archipelago, securities mentioned in the preceding number;
including its atmosphere, its interior waters and
maritime zone (general rule); and Illustration:
2. Extraterritorial application (exceptions). Y is in India. He counterfeited Philippine coins. He then
introduced these coins to the Philippine islands. Although
The phrase “except as provided in the treaties and the crimes were committed in India, Y can be held liable
laws of preferential application means that treaties before Philippine courts. This is necessary in order to
entered with brother countries, laws of preferential maintain and preserve the financial circulation and
application take preference over the provisions of the stability of the Philippines. Otherwise, no other country
RPC. Therefore, if there is any conflict between any would be interested in prosecuting Y except the
agreements entered into by the Philippines with Philippines since it is only our country which will be
another country and the provisions of the RPC, the said affected by the said counterfeiting of coins.
agreement shall prevail.
4. While being public officers or employees, should
Remember the Larrañaga case, based on the RPC, a commit an offense in the exercise of their functions;
person who is convicted of a crime shall serve his This refers to public officers or employees who are
sentence in the New Bilibid Prison, that is the national working in another country. While working, they
penitentiary. However, the Philippines entered into an committed a crime in connection with the exercise of their
agreement with Spain. This agreement was ratified by functions. If the crime committed is not connected with
the Senate. As a result, thereof, after Larrañaga has the exercise of their functions, then they should be
been convicted of kidnapping and serious illegal prosecuted in the courts of the country where they are
detention with rape and homicide and considering that assigned.
he has 2 citizenships – Filipino and Spanish. He was
brought to Spain to serve his sentence. According to Illustration:
the said agreement, Spanish citizens who are serving (1) A, an OFW lost his passport. He went to the Philippine
their sentence in the Philippines can be brought to Embassy in UAE to apply for a new passport. He has been
Spain and they are to serve their sentence there. going there back and forth but still his passport is not yet
Larrañaga took advantage of the agreement because approved or released. On his way out, he saw the
definitely, the facilities perhaps are better than prison approving authority B. A talked to B requesting and
facilities here. begging him that it be immediately approved and
released. B invited A to a coffee shop and while having
Extraterritorial Application: coffee, B asked PhP50,000 from A and promised his
1. Should commit an offense while on a Philippine ship passport will be released on that same afternoon. A gave
or airship; him B the money demanded.
A Philippine ship or airship is one that is registered in
the Philippines under its existing laws. Even if totally In this case, B may be prosecuted before the Philippine
or wholly owned by a Filipino citizen, if it is not courts. He committed bribery; he performs an act in
registered in the Philippines, it cannot be considered connection with the exercise of his functions.
as a Philippine ship or airship. It is only upon
registration that this aircraft/vessel can fly the (2) C, an Embassy clerk followed A and told him that he
Philippine flag. Therefore, it is registration which is the can facilitate the release of his passport if A will give him
operative act which makes it a Philippine ship/airship. Php10,000. Desperate A gave him the money. However,
the passport was not released on that afternoon and A
If a Philippine vessel is in the Philippines and a crime wanted to file a case against C.
was committed on board, the Philippines has
jurisdiction. If the Philippine vessel is on the high seas In this case, it should be filed before the courts of UAE
or international waters and a crime was committed on because the act performed by C has nothing to do with
board the said Philippine vessel, still the Philippines has the exercise of official functions. In effect, what he has
jurisdiction because of the extraterritorial application committed is estafa because he made A believe that he
of the RPC. It is the situation referred to as the 1 st has the authority to facilitate the release of the said
circumstance under par. 2 of Art. 2. It is the situation passport but he did not have such qualification. He
where the Philippine ship is outside the Philippine committed estafa under Art. 315 (2) (a). Therefore, he
territory of another country. should be prosecuted before the courts of UAE

If in case however, the Philippine vessel is on the 5. Should commit any of the crimes against national
waters of Indonesia and a crime was committed on security and the law of nations, defined in Title One of
Book Two of this Code.

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 law are felonies (delitos).
Crimes against national security include the following: Felonies are committed not only by means of deceit (dolo)
Treason, Conspiracy/Proposal to commit Treason, but also by means of fault (culpa).
Misprision of Treason, Espionage, and Inciting to War There is deceit when the act is performed with deliberate
or Giving Motives for Reprisals. If any of these crimes intent and there is fault when the wrongful act results
was committed, even if it is done outside the Philippine from imprudence, negligence, lack of foresight, or lack of
archipelago, the offender can be prosecuted before the skill.
Philippine courts.
ELEMENTS OF FELONIES IN GENERAL:
Crimes committed against the Law of Nations include 1. An act or omission
the following: Piracy, Qualified Piracy, Mutiny and 2. Act or omission punishable by the RPC
Qualified Mutiny. Likewise, if the crime committed is 3. Act is performed or omission is incurred by means
against the Law of nations, the said offender can also of dolo or culpa.
be prosecuted before the Philippine courts.
Act- is any bodily movement tending to produce some
Illustration: effects in the external world.
(1) L, M, N, O and P (Filipinos) are in Australia. They Omission- inaction, the failure to perform an act one is
decided to overthrow the Philippine government. In bound to do.
preparation for their plan, they bought guns, DEVELOPMENT/GENESIS OF A CRIME:
ammunitions and grenades. However, before they can 1. INTERNAL ACT
proceed with their plan, they were caught. In this case, 2. EXTERNAL ACT
the crime committed is conspiracy to commit rebellion, a. Preparatory acts
a crime against public order. Thus, it is outside the b. Acts of execution
scope of the extraterritorial jurisdiction of the 1. attempted
Philippines under Art. 2, RPC. 2. frustrated
3. consummated
(2) L, M, N, O, P (Filipinos) are in Canada. At that time, IMPRUDENCE VS. NEGLIGENCE
Canada is at war with the Philippines. They decided to 1. Imprudence involves lack of skill. Negligence
overthrow the Philippine government. However, involves lack of foresight
before they can overthrow the government, all of them 2. Imprudence involves a deficiency of action.
were caught. In this case, all of them committed Negligence indicates a deficiency of perception.
conspiracy to commit treason. Thus, it is within the 3. Failure to make precaution is imprudence. Failure
scope of the extraterritorial jurisdiction of the to use diligence is negligence.
Philippines under Art. 2, RPC. REQUISITES OF DOLO OR MALICE (INTENTIONAL
FELONIES)
RULES ON CRIMES COMMITTED ABOARD 1. Freedom of action
FOREIGN MERCHANT VESSEL WHILE WITHIN 2. Intelligence
PHILIPPINE WATERS: 3. Intent
There are two jurisdictional rules for merchant vessels:
1.English Rule- the crime is punishable in the REQUISITES OF FAULT OR CULPA (CULPABLE
Philippines, unless the crime merely affects things FELONIES)
within the vessel. Under this rule, a crime committed 1. Freedom of action
on board a foreign merchant vessel while on the 2. Intelligence
waters of another country, it is the host country which 3. Imprudence, negligence, lack of foresight or lack
has jurisdiction over the said crime. The exception is of skill
when the crime merely affects the internal
management of the vessel, then it is the flag country Ignorantia legis non excusat – ignorance of the law does
which will have jurisdiction. In effect, the English Rule not excuse.
is territorial in nature. Philippines adheres to the Ignorantia facti excusat-ignorance of fact excuses.
English Rule which is strictly territorial in nature. Mistake of fact- is a misapprehension of fact on the part
2.French Rule (Flag Country) - the crime is not triable of the person who caused injury to another. He is not
in the courts of that country, unless their commission liable for absence of criminal intent.
has affected the peace, safety and security of the REQUISITES OF MISTAKE OF FACT:
coastal State. Under this rule, crimes committed on 1. The act would have been lawful had the facts been
board while the foreign as the accused believed them to be.
merchant vessel is on the waters of another country, 2. The intention of the accused in performing the act
the same is within the jurisdiction of the flag country should be lawful.
and that is where the country is registered. The 3. That the mistake must be without fault or
exception is when the crime committed has affected carelessness on the part of the accused
the public order, peace and security of the host
country, then the host country has jurisdiction over the Case: U.S. vs. Ah Chong 15 Phil 488 ; Ah Chong was
said crime. Therefore, the French Rule recognizes the acquitted because he acted under mistake of fact.
jurisdiction of the country where the vessel is Actus non facit reum nisi mens sit rea- the act itself
registered. does not make a man guilty unless his intention was so.
Actus me invito factus non est meus actus- an act
Art. 3. Definitions. — Acts and omissions punishable by done by me against my will is not my act.

CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA:

Mala In Se Mala Prohibita

❖ As to basis
The moral state of the offender. The voluntariness of the offender.
❖ As to nature
Wrong from its very nature Wrong because it is prohibited by law.

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 ❖ Use of good faith as a defense
Good faith is a valid defense; unless the crime is the result of culpa. Good faith is not a defense
❖ Intent as an element
Intent is an element. Criminal intent is immaterial
❖ Degree of accomplishment of the crime
The degree of accomplishment of the crime is taken into account in The act gives rise to a crime only when it is consummated.
punishing the offender.
❖ As to mitigating and aggravating circumstances
Rules on mitigating and aggravating circumstances apply. Rules on mitigating and aggravating circumstances do not
apply unless provided for by the special penal law.

❖ Degree of participation

When there is more than one offender, the degree of Degree of participation is generally not taken into
participation of each in the commission of the crime is taken account. All who participated in the act are punished
into account. to the same extent.
❖ As to penalty
Penalty is computed on the basis of whether the offender is a The penalty imposed on the offenders are the same
principal, accomplice or accessory. whether they are merely accomplices or accessories.

❖ Laws violated
Violation of the RPC (General Rule) Violation of Special Penal Laws (General Rule)
❖ As to stages in execution
There are three stages: attempted, frustrated, consummated. No such stages of execution.

❖ As to persons criminally liable

There are three persons criminally liable: principal, accomplice Generally, only the principal is liable.
and accessory.
❖ As to division of penalties
Penalties may be divided into degrees and periods. There is no such division of penalties.

❖ As to modifying circumstances
Modifying circumstances are taken into account in imposing the Not considered because the law intends to discourage
penalty because the offender’s moral trait is the basis of the the commission of the act especially prohibited.
crime.
Hence, greater perversity deserves a higher penalty, while
lesser depravity deserves mitigation.

❖ As to moral turpitude
Crime’s mala in se generally involve moral turpitude. Generally, not involved in crimes mala prohibita.

Intent – is the use of a particular means to achieve a desired result. Intent is an element of a crime and must be proved.
Kinds of Intent: (1) General Criminal Intent; and (2) Specific Criminal Intent

GENERAL CRIMINAL INTENT SPECIFIC CRIMINAL INTENT

It is conclusively presumed by law by the mere It is just like an element; an ingredient of the
doing of an act. commission of the crime.

The prosecution does not have the burden to Therefore, it must be proven by the prosecution
prove it. beyond reasonable doubt.

Illustration: a general criminal intent which is presumed by law.

(1) X and Y were fighting. X was losing and so X shot Y The reason why it is only in consummated stage of
on the left arm. Y was brought to the hospital. HMPI that intent to kill is presumed because the best
Thereafter, after Y was released from the hospital. He evidence to prove intent to kill is that the victim died.
filed a case against X for attempted homicide. Thus, the Thus, it is presumed by law. Prosecution need not
prosecution has the burden of proving intent to kill on prove intent to kill in homicide, parricide, murder
the part of X. Otherwise, if the prosecution failed to and infanticide (HPMI) because the victim died. It is
prove intent to kill on the part of X, then X can only be only in the attempted or frustrated stages of HPMI
convicted of serious/less serious/slight physical injuries wherein intent to kill is considered an element. To
depending on the number of days required for medical negate criminal intent, the accused may plead
intervention or he should be acquitted of the crime. mistake of fact as a defense.
Intent to kill must be proven in frustrated/attempted Motive- is the moving power which impels one to act
homicide. for a definite result. It is not an element of a crime and
(2) X and Y were fighting. X was losing and so X shot Y need not be proved for purposes of conviction.
on the heart, a fatal/mortal wound was sustained General Rule: Motive is not material in determining the
because it is a vital organ. Y was brought to the hospital criminal liability of the offender. Exceptions: (1) If the
but was pronounced dead upon arrival. The heirs of Y evidence is merely circumstantial; (2) Where the
filed a case for identification of the accused proceeds from an
homicide against X. X’s defense is that he had no unreliable source and the testimony is inconclusive
intention to kill Y and that he only intended to and not free from doubt; (3) In ascertaining the truth
threaten him because they were fighting. In this between two antagonistic theories or versions of the
case, X’s defense that he had no intent to kill Y will killing; (4) Where there are no eyewitnesses to the
not lie. Since the victim died, intent to kill becomes crime, and where suspicion is likely to fall upon a

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number of persons; (5) Where there is doubt as to the b. Aberratio Ictus- mistake in the blow, that
identity of the assailant; or (6) when the act is alleged is, when the offender intending to do an injury on a
to be committed in defense of a stranger but it must particular person but actually inflicts it on another. The
not be induced by revenge, resentment or other evil penalty for graver offense in its maximum period pursuant
motive. to Article 48 of the RPC.
Illustration:
(1) X, a City Mayor was jogging near the seashore. Here Illustration:
comes Y who went at the back of X and shot him. X was X, with intent to kill, hacked Y. Y was not hit but Z, who
not in the performance of his official duty when he was was also behind Y, was hit. Z died. X is liable for his attempt
shot. Thus, the act of Y in killing and shooting X may to kill Y. X is also liable for the death of Z. The death of Z
result to variant crimes depending on the motive or is the natural consequence of the felonious act of A.
reason of the killing. If the reason is a personal c. Praeter Intentionem- result done is greater than that
grudge/vendetta, murder is committed. But if the reason originally intended. (Art. 13, RPC; Mitigating Circumstance
is X’s past performance of his duty, then the crime
committed is direct assault with homicide. Illustration:
(2) Q, R, S, T and U are all suspects. There is doubt as to
who among them committed the crime. The motive will X boxed Y with the intention of inflicting a lump on Y. As a
become material in determining the criminal liability of the result of the blow, Y lost his balance and fell on the ground
offender. Who was the last person seen together with the with his head hitting the pavement causing his death. X is
victim before he was killed? Why was he with the victim liable for homicide.
at the time? What could be the motive behind the kill? All REQUISITES OF ART. 4 (1)
of these must be taken into consideration because there 1. An intentional Felony has been committed.
was no eyewitness, no direct evidence in the commission 2. The wrong done to the victim be the direct, natural
of the crime. and logical consequence of the felony committed by the
Mere proof of motive, no matter how strong is not offender.
sufficient to support a conviction if there is no reliable 3. The felony done must be the proximate cause of the
evidence from which it may reasonably deduced that the resulting injury.
accused was the malefactor.
(3) Before the killing of B, a witness saw D threatening B. Proximate cause- is that cause which in the ordinary and
Therefore, D would have the motive because of his acts continuous sequence, unbroken by any efficient intervening
prior to the commission of the crime; or right after killing cause produces the injury.
B, a witness saw D running away from the scene of the Efficient intervening cause- are those that break the
crime laughing saying “finally, I have my revenge,” thus, relation of cause and effect. The felony committed is not
there is motive. So, in this case, motive is established by the proximate cause of the resulting injury when:
the acts or statements made by the accused prior to or 1. there is an active force that intervened between
after the commission of the crime but not during because the felony committed and the resulting injury;
in motive, there is no direct evidence. The witness did not 2. the resulting injury is due to the intentional act of
see how the crime was committed. the accused.
Art. 4. Criminal liability. — Criminal liability shall be
incurred: Proximate cause is not always the immediate cause. At
1. By any person committing a felony (delito) although times, it may be a remote cause.
the wrongful act done be different from that which he Illustration:
intended. Z was driving his car at TPLEX followed by Y, by X, by V and
2. By any person performing an act which would be an by U. When Z reached the tollgate, he stopped to pay the
offense against persons or property, were it not for the toll and Y, X and V stopped as well. However, U was very
inherent impossibility of its accomplishment or an account sleepy and did not stop his vehicle so he hit V, V hit X, X hit
of the employment of inadequate or ineffectual means. Y and Y hit Z. Considering the impact, the car of Z sustained
Rationale of Par. 1- el que escausa de la causa escausa serious damage. In this case, the proximate cause was U
del mal causado- he who is the cause of the cause is the because it was his car which sets into motion all other cars
cause of the evil caused. to bump each other. It was not the immediate cause
Article 4 (1) may refer to either: because the immediate cause was the car of Y because it
a. Error in personae- mistake in identity of was the car of Y which hit the car of Z. Thus, a proximate
victim. The penalty is that provided for in Art. 49 of RPC, cause is not always the immediate cause. At times, it may
that is, the penalty for the lesser crime in its maximum be a remote cause.
period. IMPOSSIBLE CRIMES- those crimes which would have
been committed against persons or property were it not for
Illustration: the inherent impossibility of its accomplishment or on
X intended to kill Y. One night, X shouted at the person account of the employment of inadequate or ineffectual
whom he thought to be Y. An altercation ensued. In the means. The purpose of the law in punishing impossible
process, X fired his gun at the person who died as a crime is to suppress criminal propensities or tendencies.
consequence. It turned out that the person whom he shot The penalty for
and killed was not Y but his own father Z. in this case, X impossible crime is arresto mayor or fine of P200-500
is liable for parricide, the crime which was actually (Article 59).
committed. When he fired his gun, he acted with intent. It is not really a crime in the legal sense of the word
He is liable for all the direct, logical, and natural because a crime requires a substantive change in the
consequences of his felonious act, whether foreseen, outside world. Here, the act did not ripen into a crime. It
intended, or unintended. The fact that the victim is was not accomplished into a crime because of its inherent
different from the one X intended to kill does not impossibility.
exculpate him from criminal liability. The offender is being punished because of his criminality
Applying Art. 49 of the RPC, the penalty imposable is not and dangerousness. So, although, objectively, no crime is
the penalty for parricide which was the one committed, committed, still the offender shall be punished that is why
but the penalty of homicide which is the crime intended he is convicted only of impossible crime.
to be committed, the penalty being lesser than the REQUISITES OF IMPOSSIBLE CRIMES
penalty for parricide which was actually committed. But 1. The act performed would have been an offense
the penalty for homicide which is reclusion temporal shall against persons or property.
be imposed in its maximum period. 2. The act was done with evil intent

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3. Its accomplishment is inherently impossible because produce the felony as a consequence but which,
the means employed is either inadequate or ineffectual nevertheless, do not produce it by reason of causes
4. The act does not constitute another violation of the independent of the will of the perpetrator.
RPC. There is an ATTEMPT when the offender
commences the commission of a felony directly by
Kinds of Inherent Impossibility over acts, and does not perform all the acts of
According to jurisprudence, there are two kinds of execution which should produce the felony by
inherent impossibility; (1) Legal Impossibility; and; (2) reason of some cause or accident other than this
Physical Impossibility. own spontaneous desistance.
There is legal impossibility when all the intended acts
even if committed would not have amounted to a crime. DEVELOPMENT OF A CRIME
Ex. A saw his enemy B lying on a bench. He went to B Two Phases in the Commission of the Crime: (1)
and stabbed B 20 times not knowing that B had already Subjective Phase; and (2) Objective Phase.
long been dead for 3 hours due to a heart attack. Even if Subjective phase is the portion in the commission of the
A performed all the acts amounting to murder, still act wherein the offender commences the commission of
murder would not arise which is a crime against persons the crime after the time that he still has control over his
because the victim is already deceased. He is no longer a acts. He may or may not proceed in the commission of
person in the eyes of criminal law. Therefore, there is an the crime. He still has control over his acts.
impossible crime. Objective phase – from the moment the offender loses
Physical impossibility or factual impossibility exists when control over his acts, it is already in the objective phase
an extraneous circumstance unknown to the offender of the commission of the crime.
prevented the consignation of the crime. Here, there are Stages in the Development of the Crime
circumstances unknown to the offender, the inadequate The following are the stages in the development of a
control of the offender which prevented the consignation crime: (1) Internal Acts; and (2) External Acts.
of the crime. Ex. A, placed his hands inside the pocket of 1. Internal acts - these are the mere ideas in the
the polo of B, intended to get the wallet of B but the mind of a person. These are not punishable. Mere criminal
pocket was empty. It is an impossible crime. Extraneous thoughts will never give rise to criminal liability. There
circumstances unknown to the offender prevented the must be an external act.
consignation of the crime. Unknown to A, the wallet was
not inside B’s pocket. It is an impossible crime because it 2. External acts – are acts which include preparatory
would have amounted to theft, a crime against property. acts and acts of execution.
Art. 5. Duty of the court in connection with acts a. Preparatory acts- ordinarily not punishable
which should be repressed but which are not b. Acts of execution- they pertain to the stages of
covered by the law, and in cases of excessive execution. Already punishable.
penalties. — Whenever a court has knowledge of any
act which it may deem proper to repress and which is not ATTEMPTED FELONY (REQUISITES)
punishable by law, it shall render the proper decision, and a. Offender commences the commission of a felony
shall report to the Chief Executive, through the directly by overt acts
Department of Justice, the reasons which induce the b. He does not perform all the acts of execution
court to believe that said act should be made the subject c. He is not stopped by his own spontaneous
of penal legislation. desistance
In the same way, the court shall submit to the Chief d. The non-performance of all the acts of execution
Executive, through the Department of Justice, such was due to cause or accident other than his own
statement as may be deemed proper, without suspending spontaneous desistance.
the execution of the sentence, when a strict enforcement
of the provisions of this Code would result in the When is a felony commenced by overt acts?
imposition of a clearly excessive penalty, taking into a. there must be an external act; and
consideration the degree of malice and the injury caused b. the external act must have direct connection with
by the offense. the crime intended to be committed.
Outline of Paragraph 1:
1. there is an act; INDETERMINATE OFFENSE- It is one where the
2. the act is reprehensible; purpose of the offender in performing an act is not
3. but the act is not punishable by the law; certain. The overt act of a person in relation to the
4. the court shall render the proper decision; intended felony is ambiguous. It is necessary that the
5. the court shall report to the Chief Executive overt act must be necessarily connected to the felony.
through the DOJ; Only then he will be punished of the said attempted
6. the report shall contain the reason why the said felony.
act should be more or less prohibited and PREPARATORY ACT vs OVERT ACT
penalized. Overt Act- some physical activity or deed more than a
mere planning or preparation, which if carried out to its
Outline of Paragraph 2: complete termination following its natural course. Without
1. there is an act; being frustrated by external obstacles nor by the
2. this time the act is punishable by the law; voluntary desistance of the perpetrator will logically and
3. but the penalty for the act is clearly excessive; naturally ripen in a concrete offense.
4. the law has not yet been declared Rationale for spontaneous desistance: A sort of reward to
unconstitutional; those who heed the call of conscience and return to the
5. the court shall render the proper decision; path of righteousness. But the desistance should be made
6. it shall report to the Chief Executive through before all the acts of execution are performed.
the DOJ. FRUSTRATED FELONY REQUISITES
1. Offender performs all the acts of execution
Art. 6. Consummated, frustrated, and attempted 2. Felony is not produced
felonies. — Consummated felonies as well as those 3. By reason of cause independent of the will of the
which are frustrated and attempted, are punishable. perpetrator
A felony is CONSUMATED when all the elements
necessary for its execution and accomplishment are Q: How to determine whether a crime is attempted,
present; and it is FRUSTRATED when the offender frustrated or consummated?
performs all the acts of execution which would

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 A: See the following: Light felonies are those infractions of law for the
the elements present commission of which a penalty of arrest menor or a fine
the nature of the offense not exceeding Forty Thousand Pesos or both; is
the manner of the commission of the crime provided.

FORMAL CRIMES vs. MATERIAL CRIMES PRINCIPAL PENALTIES

Formal crimes- are crimes consummated in one instant. Capital Punishment:
There is only one stage and that is consummated stage. Death
Examples of which are: physical injuries, slander and Afflictive Penalties
adultery. Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
Material crimes have three stages of execution, Reclusion temporal- 12 yrs.+1 day-20 yrs
attempted, frustrated1 and consummated. Perpetual or temporary absolute disqualification-6 yrs.+1
Art. 7. When light felonies are punishable. — Light day to 12 yrs.
felonies are punishable only when they have been Perpetual or temporary special disqualification- 6 yrs.+1
consummated with the exception of those committed day to 12 yrs.
against persons or property. Prision Mayor-6 yrs. + 1 day to 12 years
The following are light felonies: slight physical injuries Correctional penalties
(Art. 266, RPC); theft (Art. 309, par. 7 & 8); alteration of Prision correctional- 6 mos.+ 1 day to 6 yrs.
boundary marks (Art. 313; malicious mischief (Art. 328, Arresto mayor-1 month + 1 day to 6 mos.
par. 3, Art. 329, par. 3). Suspension- 6 mos+1 day to 6 yrs.
Destierro- 6 mos. +1 day to 6 yrs.
Art. 8. Conspiracy and proposal to commit felony. Light penalties:
— Conspiracy and proposal to commit felony are Arresto menor- 1 day to 30 days
punishable only in the cases in which the law specially Public censure
provides a penalty therefor. ACCESSORY PENALTIES
A conspiracy exists when two or more persons come to Perpetual or temporary absolute disqualification
an agreement concerning the commission of a felony and Perpetual or temporary special disqualification
decide to commit it. Suspension from public office, the right to vote and be
There is proposal when the person who has decided to voted for
commit a felony proposes its execution to some other Civil Interdiction
person or persons. Indemnification
Conspiracy and Proposal to Commit a Felony- are Forfeiture or confiscation of instrument sand proceeds of
punishable only in the cases in which the law specifically the offense
provides a penalty therefore. Payment of cost
Cases where mere conspiracy is already punishable:
1. Conspiracy to commit treason (Art.115); Art. 10. Offenses not subject to the provisions of
2. Conspiracy to commit rebellion or insurrection (Art. this Code. — Offenses which are or in the future may be
136); punishable under special laws are not subject to the
3. Conspiracy to commit sedition (Art. 141); provisions of this Code. This Code shall be supplementary
4. Conspiracy in restraint of trade or commerce (Art. 186) to such laws, unless the latter should specially provide the
5. Conspiracy to commit terrorism under RA 9372 contrary.
6. Conspiracy to commit arson under PD 1602. Special Penal Law- a law which defines and punishes
an act not found in the RPC.
Cases where mere proposal is already punishable: CIRCUMSTANCES AFFECTING ONES CRIMINAL
1. Proposal to commit treason (Art. 115); LIABILITY
2. Proposal to commit coup d’etat, rebellion or 1. Justifying Circumstances
insurrection (Art. 136). 2. Exempting Circumstances
3. Mitigating Circumstances
“Act of One is the Act of All.” 4. Aggravating Circumstances
Illustration: V, W, X, Y and Z come to an agreement to 5. Alternative Circumstances
take up arms and overthrow the government and stir
public uprising. They already bought guns and other Imputability - the quality by which a criminal act maybe
pieces of equipment. However, before they could execute pinpointed to another as its doer or author.
their plan, they were apprehended. In this case V, W, X,
Y and Z are liable for the crime of conspiracy to commit Responsibility - is the obligation of an offender in
rebellion. Even though they were not able to execute their suffering the consequences of a crime.
plan, conspiring to overthrow the government is already
a felony which makes them criminally liable. JUSTIFYING CIRCUMSTANCES
CLASSIFICATION OF FELONIES ACCORDING TO Justifying circumstances - those where the act of a
GRAVITY person is said to be in accordance with the law. As a
consequence, he is freed from criminal and civil liability.
Enumerate the Justifying Circumstances:
Art. 9. Grave felonies, less grave felonies and light 1. Self defense
felonies. — Grave felonies are those to which the law 2. Defense of relatives
attaches the capital punishment or penalties which in any 3. Defense of strangers
of their periods are afflictive, in accordance with Art. 25 4. Avoidance of greater evil
of this Code. 5. Fulfillment of duty
Less grave felonies are those which the law punishes with 6. Obedience to order of superior.
penalties which in their maximum period are correctional,
in accordance with the above-mentioned Article.

1 InPeople vs. Aca-ac 357 SCRA 373 the Court said: “For the conviction. Taking into account the nature, elements, and
consummation of rape, perfect penetration is not essential. manner of execution of the crime of rape and jurisprudence
Any penetration of the female organ by the male organ is on the matter, it is hardly conceivable how the frustrated
sufficient. Entry of the labia or lips of the female organ, stage in rape can ever be committed.
without rupture of the hymen is sufficient to warrant

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 Long (Complete) Version Short
Version
1. Anyone who acts in defense of his person or rights Self
Defense
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or Defense of
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degree and Relatives
those by consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no part therein.

3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and Defense of
second requisites mentioned in the first circumstance of this article are present and that the person Strangers
defending be not induced by revenge, resentment, or other evil motive.

4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another, Avoidance
provided that the following requisites are present: of Greater
First: That the evil sought to be avoided actually exists; Evil
Second: That the injury feared be greater than that done to avoid it;
Third: That there be no other practical and less harmful means of preventing it.

5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Fulfillment
of Duty
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Obedience
to order

gained possession of the gun, the unlawful aggression

Q: Who has the burden to prove self-defense? continued because B still had the properties of A. Had A
A: The defense (accused)
REQUISITES OF SELF DEFENSE not shot B in the knee B, would have gotten away with
1. Unlawful aggression;2 the property of B.
2. Reasonable necessity of the means employed to
prevent or repel it;
3. Lack of sufficient provocation on the part of the person Retreat to the Stand ground when
defending himself wall doctrine in the right
Unlawful aggression- is assault or at least threatened 1. An ancient common A rule which states that
assault of an immediate and imminent kind. law rule in homicide where the accused is where
* When the aggressor flees, there is no more unlawful which made it the duty he has the right to be, the
aggression of a person assailed to law does not require him to
* But when he retreats to take advantage of a better retreat as far as he can retreat when his assailant is
position, unlawful aggression still exists before he is justified in advancing upon him with a
* There is no unlawful aggression when there is an meeting force with force deadly weapon.
agreement to a fight. 2. no longer followed in it is currently the rule in the
* Rights involved in self-defense includes defense of the Philippines Philippines
honor and property.
Test for Unlawful Aggression
In the case of People v. Dulin, the Supreme Court held Case: People vs. Apolinar 38 OG 28703
that the test for unlawful aggression under the * The belief of the accused is considered in determining
circumstance is whether the aggression from the victim the existence of unlawful aggression.
put in real peril the life or personal safety of the person * But a mere threatening attitude is not an unlawful
defending himself. aggression.
Illustration: A was walking along the street. Suddenly, B * Cases where the unlawful aggressor is disarmed
went up to him. B pointed a gun towards A. B commanded * The defender must not indiscriminately fire his weapon
A to give him his wallet, watch and cellphone otherwise
he will stab him. A gave his cellphone, watch and wallet. TEST OF REASONABLENESS IN DETERMINING
Instead of giving A back his belongings, B ran away. WHETHER THERE IS SELF DEFENSE.4
Thereafter, A fired a shot against B, hitting B on his knee. 1. Nature of the weapon used by the aggressor
Unable to run, A approached B and thereafter took his 2. Quality of his weapon
belongings. A left. Thereafter, A was charged with 3. The physical conditions of both parties
physical injury. A argued self-defense. Although A already 4. Place of the aggression and others 5.

2 Unlawful aggression is the first and indispensable 4 Reasonable necessity of the means employed does not
requisite of self-defense. Self-defense may also include imply material commensurability between the means of
defense of honor, property and others of a kindred kind. attack and defense. What the law requires is a rational
Mere or light push is not an unlawful aggression. So as equivalence, in the consideration of which will enter as
insulting words or foot kick greeting. But a slap on the face principal factors the emergency, the imminent danger to
is unlawful aggression. The mere thrusting into one’s which the person attacked is exposed, and the instinct more
pocket as if for the purpose of drawing a weapon is not than reason, that moves or impels the defense.
unlawful aggression. Even the cocking of a rifle without 5 In People vs. Ubaldo 367 SCRA 432 the Supreme Court

aiming the firearm at any particular target is not unlawful declared that the means used by the defender was
aggression. unreasonable because the number of the gunshot wounds
3 The accused saw a man stealing a sack of palay from his inflicted on the deceased shows that the means employed
rice land. He shot the thief while running away. He was were hardly reasonable at all. The nature and number of
convicted and made liable. wounds inflicted upon the victim are important indicia

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Provocation- any unjust or improper conduct on the 2. Reasonable necessity of the means employed to
part of the offended party capable of inciting or irritating prevent or repel it
anyone. 3. In case the provocation was given by the person
THINGS TO REMEMBER IN PROVOCATION: attacked, the one making the defense had no part
1. There must be no provocation made by the one therein.
claiming self-defense; • Relatives by affinity are those created by marriage
2. Even if provocation was given, it must be sufficient such as parents in law, sons and daughters in law
provocation; • Relatives by consanguinity are relatives by nature or
3. Even if the provocation was sufficient, but it was not by blood relations. Siblings are within the 2nd civil degree,
given by the person claiming self-defense then there is whereas uncle and niece or aunt and nephew are within
self-defense. the 3rd civil degree, first cousins are within the 4 th civil
DEFENSE OF RELATIVES; REQUISITES degree.
1. Unlawful aggression

TABLE OF RELATIVES BY CONSANGUINITY THAT MAY BE DEFENDED

RELATIONSHIP BROTHERS/SISTERS UNCLE, AUNT, NIECE FIRST COUSINS

AND NEPHEW
DEGREE 2ND Degree 3RD Degree 4TH Degree

DEFENSE OF STRANGERS;6 REQUISITES: of defense of relative is not tenable. The law says that
1. Unlawful aggression a person may defend the person or rights of his spouse,
2. Reasonable necessity of the means employed to ascendants, descendants, legitimate, natural or
prevent or repel it adopted brothers and sisters, or relative by affinity
3. The person defending be not induced by revenge, within the same degree. Although A is the first cousin
resentment or other evil motive. of W and thus related to H by affinity. A is not the same
Illustration: degree mentioned by the provision. A is neither the
H and W are husband and wife. A is the first cousin of ascendant, descendant, legitimate, natural or adopted
W. In one instance, H saw A arguing with B. During that brother or sister of W. However, please take note that
argument, B was about to stab A. Thereafter, H H can use other defense. Although A is not of the same
immediately grabbed a stone and approached B. H hit degree as that mentioned by law, H can still argue
B with a stone. B sustained a fatal wound, however, he defense of a stranger since A in this case is a stranger
survived. H was charged with frustrated homicide. H
argues defense of relative. In this case, H’s argument

DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF RELATIVES AND DEFENSE OF STRANGERS

SELF DEFENSE DEFENSE OF RELATIVES DEFENSE OF STRANGERS

1. Unlawful aggression 1. Unlawful aggression 1. Unlawful aggression

2. Reasonable necessity of the 2. Reasonable necessity of the 2. Reasonable necessity of the means
means employed to prevent or means employed to prevent or repel employed to prevent or repel it
repel it it

3. Lack of sufficient provocation 3. In case the provocation was given 3. The one defending is not induced by
on the part of the person by the person attacked the one hatred, revenge or other evil motive.
defending himself making defense had no part therein

AVOIDANCE OF GREATER EVIL benefit the harm has been prevented shall be civilly
REQUISITES/STATE OF NECESSITY liable in proportion to the benefit which they may have
1. That the evil sought to be avoided actually exists; received.
2. That the injury feared be greater than that done to Illustration:
avoid it; A pregnant woman met an accident. She was
3. That there be no other practical and less harmful immediately brought to the hospital. Because of the said
means of preventing it dire situation, the doctor who was in charge of the
STATE OF NECESSITY – As a rule, it is noted that pregnant woman has to make a decision, that is to save
justifying circumstances are exempt from criminal as only one life, either the life of the woman or the baby
well as civil liability. However, this paragraph of Article that she is carrying. The doctor chose to save the life of
11 is an exception when it comes to civil liability. the woman. Because of that, the fetus died. Prosecuted
Although he is not criminally liable, he is civilly liable. for abortion, the doctor invoked the doctrine of state of
Civil liability is borne not only by the accused but all necessity. In this case, the elements of state of
those people who benefited in this state of emergency. necessity are all present. The evil sought to be avoided
Under Art. 101 of the RPC, “In cases falling within actually exists because the life of the baby and the
subdivision 4 of Article 11, RPC, the persons for whose mother is in danger. The injury (death of the pregnant

which disprove self defense. The multiple gunshot wounds 6Strangers- are those not included in the enumeration of
inflicted upon the deceased show that appellant’s act was relatives in Art. 11 (2)
not one of self-defense but was a determined and
purposeful attack upon the victim.

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 woman) is greater than that of the death of the fetus. syndrome. If this is proven, she is absolved from
Lastly, there was no other less practical or harmful criminal and civil liability.
means of preventing it. The situation was an Battered Woman - a woman who is repeatedly
emergency. The woman had no relatives with her so the subjected to any forceful physical or psychological
doctor has to decide immediately – either to save the behavior by a man in order to do
life of the mother or the fetus. Therefore, the doctor something he wants her to do without concern for her
should be absolved from criminal liability. rights. It includes wives or woman in any form of
FULFILLMENT OF DUTY OR LAWFUL EXERCISE intimate relationship with a man. The couple must go
OF RIGHT OR OFFICE through the battering cycle at least twice.
REQUISITES
1. The accused acted in the performance of duty or in Q: What are the cycles of violence in BWS?
the lawful exercise of a right or office. A: 1. Tension Building Stage- where minor battering
2. The injury caused is the consequence of the due occurs
performance7 of duty or the lawful exercise of such right 2. Acute Battering Incident- characterized by
or office. brutality, destructiveness and death.
Case: People vs. De Lima 46 Phil. 7388 3. Tranquil or loving phase- The batterer shows
DOCTRINE OF SELF HELP- states that the owner or loving caring nurture to the victim.
the lawful possessor of a thing has the right to exclude
any person from the enjoyment and disposal thereof. EXEMPTING CIRCUMSTANCES
Thus, he may use such force as may be reasonably Exempting Circumstances- are those grounds for
necessary to repel or prevent an actual or threatened exemption from punishment because there is
unlawful physical invasion or usurpation of his property. wanting/missing in the agent of the crime any of the
(Art. 429 Civil Code) conditions which make the act voluntary or negligent.
OBEDIENCE TO ORDER ISSUED BY A SUPERIOR ENUMERATE THE EXEMPTING CIRCUMSTANCES:
(REQUISITES) 1. Imbecility; Insanity (unless the latter acted during a
1. A lawful order has been issued by a superior; lucid interval)
2. The means used by the accused subordinate to carry 2. A person under 9
out said order is lawful 3. A person over 9 and under 15 unless he has acted
Illustration: with discernment.
A was convicted by final judgment for the crime of 4. Accident
homicide. When A was about to be transferred to a 5. Irresistible force
maximum-security prison, he suddenly escaped. Police 6. Uncontrollable fear
officer B was ordered by the jail warden to retrieve A. B 7. Lawful or insuperable cause.
thereafter pursued A. Knowing that he was being
pursued, A went to a market and grabbed a 10-year-old Long (Complete) Short
child as hostage. A pointed a knife towards the neck of Version Version
the child and he told B not to pursue him otherwise he 1. An imbecile or an insane Imbecility or
will kill the child. However, the child cried. The crying person, unless the latter has Insanity
child started to annoy A to the point that he was about acted during a lucid interval.
to kill the child. However, sensing that A was about to When the imbecile or an
stab. B fired a shot towards A. A suffered a mortal insane person has committed
wound and thereafter died. B was charged with an act which the law defines
homicide. In this case, B can invoke performance or as a felony (delito), the court
fulfillment of a duty or a lawful exercise of office. As a shall order his confinement
police officer, B acted in the performance of his duty in in one of the hospitals or
pursuing A, an escaped convict. Likewise, the injury asylums established for
caused to A was the necessary consequence of the persons thus afflicted, which
fulfillment of Y’s duties otherwise A will kill the child. B he shall not be permitted to
can also use the justifying circumstance of defense of leave without first obtaining
stranger. the permission of the same
PEOPLE OF THE PHILIPPINES vs. MARIVIC court.
GENOSA 419 SCRA 542 2. A person under nine years Minority
(BATTERED WOMAN SYNDROME) of age. (Repealed by RA
Battered Woman Syndrome – refers to a 9344)
scientifically defined pattern of psychological and 3. A person over nine years Minority
behavioral symptoms found in women living in of age and under fifteen,
battering relationships as a result of cumulative unless he has acted with
abuse. It is akin to justifying circumstance. It is discernment, in which case,
even better than in self-defense because in the such minor shall be
latter, you have to prove that the elements are proceeded against in
present. However, in battered woman syndrome, accordance with the
what should be proven is that the wife is suffering provisions of Art. 80 of this
from battered woman syndrome. It is through the Code. (Repealed by RA
expert testimony of the psychiatrist who will prove 9344)
that the wife is suffering from battered woman

7 fugitive, the policeman fired at the fugitive. The Supreme

In Baxinela vs. People 485 SCRA 331, a policeman was
held guilty when he shot at somebody who had a gun Court acquitted the policeman on the ground that the
tucked around his waist. When he shot the offended party killing was done in the fulfillment of duty. But in People vs.
the latter was not at all resisting. The shooting of the Lagata, a jail guard shot to death a prisoner whom he
offended party cannot be considered due performance of thought was escaping. The Supreme Court affirmed the
a duty if at that time the offended party posed no serious conviction of the jail guard for homicide because the facts
threat or harm to Baxinela or the civilians. showed that the prisoner was not at all trying to escape.
8 Here, a fugitive was escaping from a policeman. In order The SC said that the jail guard could only fire at the
to prevent the continued and imminent escape of the prisoner in self defense or if absolutely necessary to avoid
his escape.

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 4. Any person who, while Accident Section 58 of the same law says: Persons below
performing a lawful act with 18 years of age shall be exempt from prosecution
due care, causes an injury by for the crime of vagrancy and prostitution, of
mere accident without fault mendicancy under PD 1563 and sniffing of rugby
or intention of causing it. under PD 1619.
5. Any person who acts Irresistible ACCIDENT REQUISITES
under the compulsion of Force 1. A person performs a lawful act;
irresistible force. 2. With due care;
6. Any person who acts Uncontrollable 3. He causes an injury to another;
under the impulse of an Fear 4. Without fault or intention of causing it.
uncontrollable fear of an Illustration:
equal or greater injury. A police officer saw two men fighting on a street. They
7. Any person who fails to Lawful or were hitting each other. The police tried to pacify the two
perform an act required by Insuperable men but they won’t stop. So, the police officer did was
law, when prevented by Cause that he fired shots to pacify the men. However, one of the
some lawful insuperable stray bullets landed on the child. Unfortunately, the child
cause. died. The police officer was prosecuted for homicide. As
a defense, the police officer was prosecuted for homicide.
As a defense, the police officer invoked accident. In this
Imbecile- One who is old but has a mental case, although the police officer is performing a lawful act
development similar to children between the ages 2- in pacifying the two men fighting on the street, he did not
7 years. perform it with due care. Considering that it was a
Insanity9- one which exists when there is a community, he knew that a stray bullet would have
complete deprivation of intelligence in committing landed on any person. He should not have fired shots.
the criminal act, that is the accused is deprived of The police officer is liable for reckless imprudence
reason and acts without the least discernment. resulting to homicide, a culpable felony.
Q: Who has the burden to prove insanity? Case: US vs. Taneo 15 Phil 19611
A: Defense (Accused) IRRESISTIBLE FORCE
INSANITY AT THE TIME OF THE COMMISSION Irresistible force- a force which produces such an
OF THE CRIME vs. INSANITY AT THE TIME OF effect upon an individual that, in spite of all resistance, it
TRIAL reduces him to a mere instrument and as such incapable
Discernment- the mental capacity of a minor to of committing a crime
distinguish between right from wrong and to fully UNCONTROLLABLE FEAR
appreciate the consequences of his felonious acts. It The exempting circumstance of uncontrollable fear
may be shown by: presupposes that the accused is compelled by means of
a.manner of committing the crime; threat or intimidation by a third person to commit a crime.
b. conduct of the offender Illustration:
c. such other circumstances10 Three men A, B and C killed D in front of E. They told E
In the case of People v. Antonio (G.R. No. L-3387, to bury D otherwise they would also kill him. Thus, E was
February 6, 1931), an old case, sleep walking or constrained to burry D. There was an uncontrollable fear
somnambulism is also considered as akin to insanity. and it is real and imminent. E saw that they shot D and
He did not know what he was doing at that time they can also shoot him.
when he killed the victim. Therefore, there is no LAWFUL OR INSUPERABLE CAUSE
criminal liability. Illustration:
The second and third circumstances were already There is a war in which the Philippines is involved. X, Y
amended by R.A. 9344 or the Juvenile Justice and and Z conspired to commit treason against the
Welfare Act of 2006. This refers to a child in conflict government. X, one of the conspirators went to the priest
with the law. and confided to the latter that there was conspiracy
REPUBLIC ACT 9344- AN ACT ESTABLISHING A between Y and Z to commit treason against the
COMPREHENSIVE JUVENILE JUSTICE AND government. Despite knowledge on the conspiracy to
WELFARE SYSTEM (Juvenile Justice and Welfare commit treason, the priest did not immediately divulge it
Act of 2006) to the police. Under Art. 116 of the RPC, the priest is
Child in Conflict with the Law- a child who is criminally liable for misprision of treason for not divulging
accused or adjudged of having committed an offense. the conspiracy to commit treason. However, the priest
Initial contact with the child- refers to the failed to perform such act due to a lawful cause. Under
apprehension of a child in conflict with the law by the rules on evidence, a confession made to a priest is
officers or private citizens. considered as a privileged communication. Therefore, the
Status Offense- offense which discriminates only priest does not incur any criminal liability.
against a child while an adult does not suffer any ABSOLUTORY CAUSES
penalty for committing similar acts. Examples are: 1. Art 247. Death or physical injuries under exceptional
curfew violations, truancy, parental disobedience. circumstances
Section 6 RA 9344 says: A child 15 years of age or 2. Art. 280 (3) trespass
under at the time of the commission of the offense 3. Art. 332. Persons exempt from criminal liability
shall be exempt from criminal liability. 4. Art. 20. Accessories who are exempt from criminal
A child above 15 years but below 18 shall likewise liability
be exempt from criminal liability and be subjected to 5. Art. 6 on spontaneous desistance
intervention program unless he has acted with 6. Instigation – one which takes place when a
discernment. peace officer induces a person to commit a crime.
Without the inducement, the crime would not have

9 The condition known as dementia praecox is covered evidence, or his utterances and or overt acts before,
by the term insanity. So as Epilepsy may be covered by during and after the commission of the crime.
the term insanity. However, that Kleptomania is also 11
Here, the accused was aiming his gun towards a
covered is still a debatable proposition. Somnambulism wild chicken. However the bullet ricochets and hit a
may be a cause for exemption for lack of criminal intent.
10 Such may include: offender’s attempt to silence the
bystander. The accused was exempted based on the
defense of accident.
victim, or his hiding of the corpus delicti or disposal of the

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 been committed. It exempts one from criminal presentation of the evidence for
liability. the prosecution.
ENTRAPMENT vs. INSTIGATION
8. That the offender is deaf and Physical
ENTRAPMENT INSTIGATION
dumb, blind or otherwise Handicapped
1. Ways and means are Here, the police practically suffering some physical defect or Defects
resorted to for the induces the accused into which thus restricts his means of
purpose of trapping and the commission of the action, defense, or
capturing the offense and he himself communication with his fellow
lawbreaker in the becomes a co-principal beings.
execution of his plans 9. Such illness of the offender as Other
would diminish the exercise of Illnesses
the will-power of the offender
2. The intent to violate The intent to violate the without however depriving him
the law originated from law did not originate from of the consciousness of his acts.
the accused himself the accused as he was 10. And, finally, any other Analogous
induced only by the police circumstances of a similar Circumstance
to perform a criminal act nature and analogous to those s
above mentioned.

3. Not an absolutory An absolutory cause that ORDINARY MITIGATING CIRCUMSTANCES vs.

cause hence, not exempts one from PRIVILEGED MITIGATING CIRCUMSTANCES
exempt from criminal criminal liability Ordinary Mitigating Circumstance – is one which may be
liability offset by a generic aggravating circumstance. If an
ordinary mitigating circumstance is not offset by a generic
aggravating circumstance, it would reduce the imposable
MITIGATING CIRCUMSTANCES penalty to its minimum period.
Mitigating circumstances - those which if present in Privileged Mitigating Circumstance – is one which cannot
the commission of a crime, do not entirely free the actor be offset by any aggravating circumstance and the effect
from criminal liability but reduces only the penalty. of privilege mitigating circumstance is to reduce the
imposable penalty not only to its period but by one or
ENUMERATE THE MITIGATING more degrees.
CIRCUMSTANCES
Long (Complete) Short INCOMPLETE SELF-DEFENSE
Version Version Illustration:
1. Those mentioned in the Incomplete X was running in a subdivision with a bolo and he
preceding chapter, when all the Justifying or was hacking all those he passed by. So, the
requisites necessary to justify or Incomplete residents called for police assistance. The police
to exempt from criminal liability Exempting arrived headed by police officer A. They called on X
in the respective cases are not Circumstances to put down his weapon but X instead of laying down
attendant.12 his weapon, advanced towards the police with the
2. That the offender is under Minority (Under bolo in his hands in a hacking position in the act of
eighteen years of age or over 18) hacking the police officers. So, A immediately fired
seventy years. In the case of the at X. He hit the hands and legs of X (non-fatal
minor, he shall be proceeded wounds). X fell facing the ground. At that particular
against in accordance with the moment, A went to X, got his bolo and then fired
provisions of Art. 80. (Correlate shot at the head of X and the latter died. A was
with RA 9344) prosecuted for murder. He invoked 2 justifying
3. That the offender had no Praeter circumstances; self-defense and fulfillment of duty.
intention to commit so grave a Intentionem In this case, there is no self-defense because at the
wrong as that committed. time A shot the head of X, the latter was already
4. That sufficient provocation or Sufficient lying on the ground. Whatever inceptive unlawful
threat on the part of the Provocation or aggression he has commenced, it has ceased to
offended party immediately Threat exist from the time the fatal blow was inflicted on
preceded the act. him. Therefore, there was no unlawful aggression.
5. That the act was committed Vindication Since unlawful aggression is the element that is
in the immediate vindication of a wanting, there is no self-defense, neither is there
grave offense to the one incomplete self-defense. However, there is
committing the felony (delito), fulfillment of duty in this case. You must remember
his spouse, ascendants, or that there are only 2 elements in fulfillment duty; 1 st
relatives by affinity within the – that the accused acted in the due performance of
same degrees. his duty or in lawful exercise of his right or office.
6. That of having acted upon an Passion or This right is present because the police officer went
impulse so powerful as naturally Obfuscation there since the residents asked for police assistance.
to have produced passion or They went there to maintain peace and order. Thus,
obfuscation. the 1st element is present. The 2nd element-that the
7. That the offender had Voluntary injury caused is an unavoidable consequence of the
voluntarily surrendered himself Surrender or due performance of a duty. The 2 nd element is
to a person in authority or his Voluntary absent. The act of A in shooting the head of X is not
agents, or that he had Confession of a necessary consequence of the due performance of
voluntarily confessed his guilt Guilt his duty. Therefore, based on the rule that if there
before the court prior to the are only 2 elements necessary to justify the act and
the presence of 1 is already considered as the

12The penalty would be one or two degrees lower in the prescribed by law, provided majority of the conditions are
period which the court may consider proper than that present (Article 69).

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 majority and it is considered as a privileged Therefore, he should be given the benefit of praeter
mitigating circumstance. Therefore, there is an intentionem.
incomplete fulfillment of duty which is a privileged SUFFICIENT PROVOCATION OR THREAT
mitigating circumstance which may lower the IMMEDIATELY PRECEDED THE ACT
imposable penalty by degrees not only by period. In the case of Urbano v. People (G.R. No. 182750,
NO INTENTION TO COMMIT SO GRAVE A January 20, 2009), the victim has always been calling and
WRONG AS THAT COMMITTED teasing on the accused Urbano. So, there was a
Q: How to determine the lack of grave intention to confrontation because whenever the victim was drunk, he
commit the offense? would defame Urbano. Thus, aside from verbal
A: Consider the following: confrontation, it ensued into a fight. In the said fight,
a. the weapon used Urbano was losing because he was just a small man.
b. nature of the injury However, he was able to land one lucky punch on the face
c. part of the body targeted of the victim and was about to fall unconscious on the
ground. However, the other people around were able to
This mitigating circumstance my be invoked only in prevent him from falling on the ground. Nevertheless, he
felonies resulting in some physical harm like physical became unconscious; in and out of the hospital and later
injuries, homicide etc. he died. The Supreme Court ruled that Urbano is
Illustration: criminally liable for the death of the victim. Under Art. 4,
X and Y were fighting. X boxed Y, Y boxed X, X he was committing a felonious act. Thus, he is criminally
retaliated and boxed Y again. When X boxed Y’s liable for the resulting felony although different from that
head, the latter’s head hit a cemented wall and so which he intended. However, there are 2 mitigating
he suffered cerebral hemorrhage and thereafter circumstances considered to reduce the imposable
caused his death. In this case, When X boxed Y, he penalty; sufficient provocation and that the offender had
was committing a felonious act. Thus, he is no intention to commit so grave a wrong as that
criminally liable for the resulting felony although it committed.
be different from which he intended. However, he Case: People vs. Marquez 53 Phil 26013
can be given the benefit of praeter intentionem that IMMEDIATE VINDICATION OF A GRAVE OFFENSE
he had no intention to commit so grave a wrong as It is not necessary that the grave offense be a punishable act,
that committed. There was a notable disparity it suffices that it be any act, immoral act which causes the
between the means employed by the offender and offender sleepless nights and moved him to vindicate himself.
the resulting felony. Who could have anticipated
that by the mere act of boxing, death would result.

PROVOCATION vs. IMMEDIATE VINDICATION

PROVOCATION VINDICATION
1.Provocation is made only to the person 1.In vindication, the grave offense may be
committing the felony. committed against the spouse, the ascendants, descendants,
brothers or sisters or relatives by
affinity within the same degree of the offender.

2. In provocation, provocation need not be grave. 2. In vindication, the offended party must have done a grave
offense to the offender or his relatives.
3. In provocation, provocation or threat must immediately 3. In vindication, the vindication of the grave offense may be
precede the act. proximate, which admits of interval of time between the
commission of the grave offense and the commission of the
crime by the accused.

PASSION OR OBFUSCATION; REQUISITES: Illustration:

1. There is an unlawful act and sufficient to produce A case was filed against X in the Prosecutor’s Office. The
passion or obfuscation; latter found probable cause. The Information was filed in
2. The act which produced such emotion must not be Court and issued a warrant of arrest. X got a tip from the
far removed from the commission of the crime, during court employee that a warrant of arrest is now in
which the accused might recover his normal equanimity possession of the police. Upon learning the same, X
Illustration: immediately went to the police station and surrendered
X attempted on the virtue of the wife of Y and the latter himself to the authorities. Trial against him proceeded
learned about this from a neighbor. Four days after, he and after trial on the merits, he was convicted. In this
went to X and hacked him to death. In this case, the case, although there is already a warrant of arrest issued.
Supreme Court held that 4 days is already a long time The police have not yet gone out looking for him. Thus,
for the offender to have recovered from his normal any surrender would still be considered even if there is
equanimity. already a warrant of arrest against the said offender.
VOLUNTARY SURRENDER VOLUNTARY CONFESSION OF GUILT/PLEA OF
• Voluntary surrender must be made to a person in GUILTY REQUISITES
authority or his agents 1. It must be made in open court
• A surrender is voluntary when it is spontaneous in 2. It must be made prior to the presentation of evidence
such a manner that it shows the interest of the accused of the prosecution
to surrender voluntarily to the authorities either Illustration: X was charged with frustrated murder.
because he acknowledges his guilt or wishes to save the During the plea bargaining, X pleaded guilty to
authorities the expenses incurred in his search. attempted murder. For the plea of guilty to be
considered voluntary, it must be done

13
The accused husband saw a shadow of a man begged for pardon. The husband did an offense
jumping down from the window of his house where against the wife. The husband was convicted but, in
his wife was at the time. Upon confronting his wife his favor,, the mitigating circumstance of
as to who was that man, the wife immediately “immediate provocation” was considered.

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 simultaneously which means plea of guilty to the X. X was prosecuted for theft. In this case, his illness
original crime charged. Thus, voluntary plea of guilty mitigates his criminal liability. It diminishes his
should not be considered in this case. exercise of his will-power without however depriving
DEAF, DUMB, BLIND AND OTHER PHYSICAL him of consciousness of his act. He knew that he
DEFECTS was committing theft but he cannot control. He has
Illustration: a diminished self-control to prevent the commission
X is a blind beggar near the San Sebastian Church. One of the crime. It will only reduce the imposable
time, he was begging for alms and suddenly he was penalty but it will not exempt him from criminal
scarped on his head with a wound, it was so strong that liability.
he fell on the ground wounded. Angry, he stood up, OTHER ANALOGOUS CASES – Any other circumstance
took his cane and retaliated by hitting the person next which is similar in nature from the 1st to 9th paragraph.
to him, not knowing that it was not the person but an Illustration: A public officer who has malversed public
innocent passerby. The innocent passerby suffered less funds; voluntarily returned the same. It is akin to
serious voluntary surrender.
physical injuries and the blind beggar was subsequently EXTENUATING CIRCUMSTANCES - are those which
charged. The mitigating circumstance of physical defect have the same effect as mitigating circumstances but not
is present. His being blind restricted his means of included in Article 13 of the RPC to lower the imposable
action, defense or communication with his fellow being. penalty.
His intention was to hit the person who scraped him Example:
with the wound but because he could not see he hit an A mother killed her own child less than 3 days old in order
innocent passerby. There was a relation between the to conceal her dishonor. The penalty here will be lowered
physical defect and the crime committed. Thus, it will by 2 degrees, from reclusion perpetua to death, the
mitigate his criminal liability. penalty will be prision mayor.
ILLNESS AS WOULD DIMINISH THE EXERCISE AGGRAVATING CIRCUMSTANCES
OF THE WILL POWER Aggravating circumstances – are those which if
Illustration: X is a kleptomaniac; he has this urge to attendant in the commission of the offense, would serve
steal. Now, his urge is to steal diamonds. One time, to increase the penalty
he was in a party and talking to a lady with diamond
earrings, diamond necklace, diamond watch and
diamond bracelet. After the conversation, the lady
went to the restroom. Upon looking at the mirror,
she shouted as she was shocked because her
jewelries were missing which were already taken by

ENUMERATION OF AGGRAVATING CRCUMSTANCES:

Long (Complete) Version Short Version
1. That advantage be taken by the offender of his public position. Taking advantage of public position
2. That the crime be committed in contempt of or with insult to the public In contempt or insult of authorities
authorities.
3. That the act be committed with insult or in disregard of the respect Disregard of rank, age or sex
due the offended party on account of his rank, age, or sex, or that it be
committed in the dwelling of the offended party, if the latter has not
given provocation.
4. That the act be committed with abuse of confidence or obvious Abuse of confidence or obvious
ungratefulness. ungratefulness
5. That the crime be committed in the palace of the Chief Executive or In the presence of President, or
in his presence, or where public authorities are engaged in the discharge place dedicated to religious worship,
of their duties, or in a place dedicated to religious worship. or place where authorities perform
their duties
6. That the crime be committed in the night time, or in an uninhabited Nighttime, uninhabited place, band
place, or by a band, whenever such circumstances may facilitate the
commission of the offense.
7. That the crime be committed on the occasion of a conflagration, Calamity or misfortune
shipwreck, earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons Aid of armed men
who insure or afford impunity.
9. That the accused is a recidivist. Recidivism
A recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced
in the same title of this Code.
10. That the offender has been previously punished by an offense to Reiteracion or habituality
which the law attaches an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
11. That the crime be committed in consideration of a price, reward, or Price reward or promise
promise.
12. That the crime be committed by means of inundation, fire, poison, Inundation, fire, poison etc.
explosion, stranding of a vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin.

13. That the act be committed with evident premeditation. Evident premeditation
14. That craft, fraud or disguise be employed. Craft, fraud or disguise
15. That advantage be taken of superior strength, or means be employed Advantage of superior strength or
to weaken the defense. means to weaken the defense

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 16. That the act be committed with treachery (alevosia). Treachery
There is treachery when the offender commits any of the crimes against
the person, employing means, methods, or forms in the execution
thereof which tend directly and specially to ensure its execution, without
risk to himself arising from the defense which the offended party might
make.

17. That means be employed or circumstances brought about which add Ignominy
ignominy to the natural effects of the act.
18. That the crime be committed after an unlawful entry. There is an Unlawful entry
unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken
19. That as a means to the commission of the crime a wall, roof, floor, Broken wall, roof, floor etc.
door, or window be broken.
20. That the crime be committed with the aid of persons under fifteen Aid or persons under 15 years old or
years of age or by means of motor vehicles, motorized watercraft, use of motor vehicle
airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately Cruelty
augmented by causing other wrong not necessary for its commissions.

KINDS OF AGGRAVATING CIRCUMSTANCES:14 Case: Fortuna vs. People 15 December 2000 348 SCRA
1. Generic- generally applies to all crimes. Examples: 270 15
Art. 14 Nos. 1,2,3,4,5,6,9,10,14,18,19 and 20, RPC) IN CONTEMPT OF OR WITH INSULT TO PUBLIC
2. Inherent- that must necessarily accompany the AUTHORITIES
commission of a crime. If present in the commission of Illustration:
the crime, it is no longer considered so as to increase The Mayor was inside his office. Suddenly, he heard
the penalty since the same is considered as an element commotion on the ground floor. He looked out his window
of the crime. and he saw his 2 supporters X and Y having an argument
3. Qualifying- that which changes the nature of the over a parking space. The Mayor went down the building
crime or bring about a more serious or a higher penalty. and talked to both of them. He told them to shake hands
4. Specific- applies only to certain or particular crimes. and forget everything. Then, he instructed X to just allow
Treachery (Par. 16, Art. 14, RPC); it can only be Y to park his car since there is another parking space
considered or appreciated in crimes against persons. available. This angered X because he thought that the
5. Special – arises under special conditions to increase Mayor was siding with Y. X took out his knife and stabbed
the penalty for the offense in its maximum period but the mayor. In this case, the aggravating circumstance of
the same cannot increase the penalty to the next higher in contempt of or with insult to public authority is present
degree. It cannot be offset by an ordinary mitigating but it is not an aggravating circumstance but an element
circumstance. Examples of which are: quasi-recidivism; of the crime because the crime committed is direct
complex crime; when homicide or murder is committed assault. It is direct assault because the public authority at
with the use of an unlicensed firearms; and when in the the time of the attack was engaged in the performance of
commission of the crime, advantage was taken by the his functions. Since the crime committed was against the
offender of his public position. public authority himself, the fact that it was committed in
If there are more than one qualifying aggravating contempt of or with insult to the said public authority is
circumstance as for example; homicide qualified to an ingredient of the crime.
murder, one will qualify the felony to murder and the If in the same problem, instead of stabbing the Mayor, X
others shall be considered as a generic aggravating felt insulted with the former’s words that he is giving the
circumstance. parking space to Y and the same angered X. X stabbed Y
Illustration: and the latter died. In this case, the Mayor’s act of
X killed Y, there was treachery. It was done in pacifying X and Y was an act considered as engaged in
consideration of a price, reward or promise and there his official functions. He was not the person against whom
was also cr