HUMAN RIGHTS

 Are Generally Defined as those rights, whihare inherent in our nature, and without which, we cannot live as Human Beings.

NATURE OF HUMAN RIGHTS:

1) Inherent
2) Inalienable - They cannot be just taken away
3) Interdependent
4) Imprescriptible
5) Indivisibe
6) Universal
7) independent

CLASSIFICATION OF HUMAN RIGHTS:

A. ACCORDING TO SOURCE:
1. NATURAL RIGHTS
- They are God-Given Rights or that which in the nature of being human so that we may live happy life
- Example: The Right to Live, To Love
2. CONSTITUTIONAL RIGHTS
- Conferred and protected by the Constitution and cannot just be modified by the law making body.
- Example: Bill of Rights
3. STATUTORY RIGHTS
- Granted by the law made by lawmaking body and consequently can be taken away by the same authority.
- Example: Right to Inherit, Right to Recieve minimum Wage.
B. ACCORDING TO RECIPIENT:
1. INDIVIDUAL RIGHTS
- Accorded to individuals
- Examples: right to vote, right to own property, etc.
2. COLLECTIVE RIGHTS
- Also called “people’s rights” or “solidarity rights”. Rights of the society, those that can be enjoyed only in company with
others.
- Examples: right to cultural preservation, environmental rights, right to assembly, etc.
C. ACCORDING TO ASPECT OF LIFE(primarily Classification of Human Rights)
1. CIVIL RIGHTS
- Those rights which the law will enforce at the instance of private individuals for the purpose of securing to them They
enjoyment of their means of happiness.
- The right that each person has in a Society, whatever their race, sex, or religion. It include Freedom, Equality in law and
in Employment.
- Examples: right to self expression, right to marry, right to religion, etc.
- Example: the rights to travel, the rights to have residence or dwelling, Rights to enter into an agreement to name a few.
2. POLITICAL RIGHTS
- Those rights which in enable a man the participate in running the affairs of the government directly or indirectly.
- Ex: Right to Vote, Right to Assembly
3. ECONOMIC RIGHTS
- Those rights Enable man to achieve economic development and financial security.
- Example: the right to have a job
4. SOCIAL RIGHTS
- Those Which enable man to achieve social development to secure the well-beings and happiness.
- Ex: the right to form an association in two peacefully assemble
5. CULTURAL RIGHTS
- those that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of
national culture.
- Rights that ensure the well-being of the individual and foster the preservation, enrichment, and dynamic evolution of
national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.
- Examples: right to practice one`s culture, right to cultural religion, right to use own language, etc.
D. ACCORDING TO DEROGABILITY:
1. ABSOLUTE RIGHTS (Non-Derogable Rights)
- Those that cannot be suspended nor taken away nor restricted/limited even in extreme emergency and even if the
government invokes national security.
- Examples: The right to freedom of thought, conscience, and religion
2. DEROGABLE RIGHTS (Can-Be-Limited Rights)
 - May be suspended or restricted or limited depending on the circumstances which call for the preservation of social life.
It Must satisfy three requirements for it to be valid:
a. It is provided for by law which is made known to every citizen;
b. There is a state of emergency which necessitates the urgent preservation of the public good, public safety, and public
moral;
c. It does not exceed what is strictly necessary to achieve the purpose.
- Examples: (During pandemic) the right to travel may be limited, right to liberty, which can be lawfully restricted

HUMAN RIGHTS VIOLATION:

1. SLAVERY
 After being brought to the American colonies, Africans were stripped of human rights, enslaved, brutally treated and
considered lesser than their fellow human beings for centuries
2. HOLOCAUST
 also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany
and its collaborators systematically murdered some six million Jews across German-occupied Europe, around two-thirds of
Europe's Jewish population.

THE 3 GENERATION (PHASES) OF HUMAN RIGHTS PHILOSOPHY:

1. THE FIRST GENERATION
- also known as the age of enlightenment for age of reason.
- 17th - 18th Century
- This approach gives favors to limiting government powers and actions by establishing certain restrictions. In short these are
the negative rights of people since it is geared towards prohibition.
2. THE SECOND GENERATION
- also known as the socialist tradition.
- The second generation is focus on the positive human rights which enjoin the state to perform an act or to do something for
the enjoyment of human rights.
- 19th century
3. THE THIRD GENERATION
- also called the solitary rights.
- included in these are the rights to economic and social development; and the right to participate in and benefit from the
common heritage of mankind.
- 20th Century

STAGES OF HUMAN RIGHTS:

1. IDEALIZATION
- This means that human rights started from the realm of ideas that reflect a consciousness against oppression,
dehumanization or abuses or inadequate performance by the state.
2. POSITIVIZATION
- This supported the notion of the first stage which strengthens it and incorporates them into some legal instruments,
weather for domestic or international coverage.
3. REALIZATION
- It is the last stage of human rights for this right are enjoyed by the people of the state through the transformation of the
social, economic and political orders.

Basic SOURCES and FOUNDATION of Human Rights:

1) 1897 Biak na Bato Constitution

2) 1899 malolos Constitution
3) 1935 Constitution
4) 1943 constitution
5) 1986 freedom Constitution that becomes the basis of the 1987 Constitution that we have in present.

WRIT OF HABEAS DATA

 It is a judicial remedy available to any individual who's right to life, Liberty and security is Violated or threatened by an
unlawful act for omission of a public officials or employee or of a private individual or entity engaged in gathering, collecting or
storing of data for information regarding the person, family, home and correspondence of the agrieved party.
  It is an order used by a court of competent of jurisdiction, directed to the person detaining another, commanding him to
produce the body of the prisoner at the designated time and place, and to show sufficient cause for holding into custody the
individual so detained.
 Its purpose is to secure the privacy of an individual by way of regulating the processing of personal information or data about
him.
 Its effect is that the respondent shall file a written return under oath with supporting affidavit to the court which issues the writ.

Article III, Section 4 (The Freedom of Speech or Expression, or of the Press)

 No law Shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to
assemble and petition the government for redress of grievances

Article III, Section 5 (Freedom of Religion)

 No law Shall be made respecting and establishment of religion, or prohibiting the free exercise thereof. The free exercise in
enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test
Shall be required for the exercise of civil or political rights.
Aspect of Religious Freedom:
1) The separation of church and state
2) The freedom of religious profession and worship.

Article III, Section 9 (Power of Eminent Domain)

 Private property shall not be taken for public use without just compensation.
 The power of imminent domain is the inherent right of the state of forcibly acquire needed property upon just compensation.
 Power of Eminent Domain is also called Power of EXPROPRIATION.

REPUBLIC ACT 7438

Rights of a Person Arrested, Detained, or Under Custodial Investigation; Duties of Public Officer. -

1) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
2) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for
the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed to confer
privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his
own counsel, he must be provided with a competent and independent counsel by the investigating officer.lawphi1Ÿ
3) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is
signed, or thumbmarked if the person arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
4) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed
by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any of the
parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
5) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial
investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and
void and of no effect.
6) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of
his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights
of by any international non-governmental organization duly accredited by the Office of the President. The person's "immediate
family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
Custodial Investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with
an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.

ASSISTING COUNSEL
 Is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those
charged with the prosecution of crimes.
  NOTE- In the ABSENCE OF ANY LAWYER, NO CUSTODIAL INVESTIGATION shall be conducted and the suspected person can
ONLY be detained by the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.

Q&A: What is the Penalty of any Arresting Officer or Employee, or any investigating officer, Who FAILS to INFORM any Person
Arrested, Detained, or Under Custodial Investigation of his RIGHT to Remain Silent and to Have Competent and Independent
Counsel Preferable of his own choice?

 Fine of 6,000 or a Penalty of imprisonment of Not Less Than 8 years but not more than 10 years, or both.
 The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously
convicted of a similar offense.

Article III, Section 15 (Habeas Corpus)

 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion requires it.

Writ of AMPARO